MAHARASHTRA ACT No. XXVIII OF 1961.1

[THE MAHARASHTRAMEDICALPRACTITIONERSAcT, 1961]

[Received the assent of the Presideoton

the 10th day of June, 1961 ; assentfirstpublised

in the

Maharashtra Government Gazette. Part IV, on the 20th day of June, 1961.]

5

..

Amended by Mah. 19 of 1962.
17 of 1965.
210f1966.
4 of 1969 .
5 of 1972.*

..

" 49 of 1973 (20-2-1974). .**
" 300f1979{1-10-1976)..**
" 660f1981 {23-12-1981)..**
" 23 of 1982 (30-6-1982). .**
" 34 of 1986 (12-8-1986). .**
" 21 of 1993 (20-5-1993). .**
"
9. of20011 {13-3-2001)..**
" 40 of 2005 (25-8-2005). .**

An Act to regulate the qualifications

and to provide for

the registration

relating to medical practitioners

of practitioners of the Ayurvedic, 2[Siddha] and Unani Systems of Medi:-
cine, with it view to encourage the study and spread of such systems,
and to make certain provisions
generally, in the State of Maharashtra; and for that purpose to consoli-
date and amend the law relating thereto.
WHEREAS,it is expedient to regulate the qualifications and to provide for the
registration of practitioners of the Ayurvedic, 3[Siddha]and Unani Systems of
Medicine,with a view to encouragethe study and spread of such systems, and to
make certain provisions relating to medical practitioners generally,in the State of
Maharashtra;and for that purpose to consolidate and amend the law relating thereto; Itis
hereby enacted inthe TwelfthYearof the Republic of India as follows, namely :-

CHAPTER I.
PRELIMINARY.

It extends to the whole ofthe State of Maharashtra.

1. (1) ThisAct may be called the Maharashtra Medical Practitioners Act, 1961.
(2)
(3) The whole Act ( except Chapter VI thereOf) shall come into force on
such 4date as the State Government may, by notification in the Official Gazette,
appoint; and Chapter VI shall come into force on such other date 5[being a subse-
quent date] as that Government, by like notification, appoints.
2. (1) In this Act, unless the context otherwise requires,-
(a) "appointed day" means the date on which the whole Acfexcept Chapter

VI thereof comes into force;

,

Short title,
extent and,
commence-
ment

Definitions.

1 For Statement of Objects and Reasons, see MahrashtraGovernment Gazette:,1960, Part V,
pages 411-414; for Report of the Joint Committee, see ibid.. 1961 Part V,Page~ 288-327.

.

2The word" Siddha . was inserted by Mah. 30 of 1979, s. 2.
3 The word" Siddha .. was inserted,
4 23rdday of October 1961,vi:1eGN., UD.,&P.H.D.,No.MMP.1061-(a)Unification,dated 21stOc:t.ober1961.
1966.
5 1stdayofNovember1966,

.Maharashtra Ordinance No.1 of 1972 was repealed by Mah. 5 of 1972, s 9(1).

videGN., UO.,&P.H.O., No. MMP.1164/51495-H,dated

1st September

ibid., s. 3.

.

t 13th day of March 2001, vide GN., M.E., & D.O., No. CIM. 2000/CR 9312000/ACT, dated the 13th

January, 2001.

.. This indicates the date of commencement of Act.

6

Maharashtra Medical Practitioners1ct, 1961

[1961 : Mah. XXVIII

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\

\

(d) "by-law" means by-law made under section 31;
2[(e)" Council" meansthe Maharashtra..Councilof IndianMedicine'established

undersection3;

.

~

-.

(f) "Director ofAyurved" means the Director of Ayurved, MaharashtraState;
(fa) "Indian Medicine"means the systemof IndianMedic:;iflecommonlyknown
asAshtangAyurVedicor Siddhaor Unanior Unanil1bb, whether,supplementedor
not by such modem advancesas the GentralCouncilfrom time totime by notifica- XLVIII
tion may declare under clause (e) of sub-section (1) of section 2 of the Indian of
Medicine Central Council Act, 1970;]
*

1970.

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*

*

*

(g) 3*
(h) "Inspector" means an Inspector appointed by 4[theCouncil];
(I) 5*
V) " member" means a mer1)berof 6[theCouncil];
(k)' " President" means the President of 7[theCouncil];
(I) "recognised institution" means any institutionrecognis~<!.under section27;
(m) " register ", except in Chapter VI, means the register of practitioners

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*

.

...

-'

prepared and maintainedunder ~ection 17;

(n)" registered practitioner" means a practitioner whose name is for the time -

beingenteredintheregister;

.'

(0)" Registrar" means the Registrar appointed under section 16;
(p) ~~rules" means rules made under section 30;
(q)" Schedule" means the Schedule appended tothis Act;
(r) "State" means the State of Maharashtra;
8[(S)" Vice-President"meanstheVice-Presidentof theCouncil].
(2) For the purposes of Chapter VI, a person shall be deemed to practice
any system of medicine who holds himself out as being able to diagnose, treat;
operate or prescribemedicineor other remedyor to give medicinefor any ailment,
desease, injury, paid, deformity or physical condition or who, by any advertise-
ment, demonstration, exhibition or teaching offers or undertakes, by any means
or method whatsoever to diagnose, treat, operate or prescribe medicine or other
remedy or to give medicirnefor any ailment, disease, injury,pain, deformity or.
physical condition :-

.

.

Providedthat, a person who-
(i)mechanically fits or sells lense, artificial eyes, limbs or other apparatus or
-
(ii) is eng~ged in the mechanical examination of 'eyes for the purpose of

.

, appliances;or

constructing or adjusting spectacles, eye~glassesor lense; or

1 Clauses (b) and (c) were deleted by Mah\ 23 of 1982, s. 2(a) and (b), respectively.
2 These clauses were substituted for clause (e), ibid., s. 2(c).
3 Clause(g) was deleted,ibid.,s. 2(d).
4 Thesewordswere substitutedfor the words" the Faculty"; ibid., s: 2(e).
5 Clause (I) was deleted by Mah. 30 of 1979., s. 4(b).
6 These words were substituted for the words"

-

the Board or the Faculty, as the case may be"

by Mah. 23 of 1982, s. 2(f).
7 These words were substituted
8 Clause (s) was substituted fdr the original, ibid., s. 2(h):

the words"

,
for

-

the Bpard n, ibid., s. 2(g).

,1

1961 : Mah. XXVIII]

Maharashtra Medical Practitioners Act, 1961

7

(iil) practises Rhysio-therapy or electro-therapy or chiripody or naturopathy or

hydropathy or yogic healing; or .

(iv) without personal gain furnishes medical treatment or does domestic

administrationof family remedies; or

XVI

(v) being registeredunder the DentistsAct, 1948,limits'his practice to the art of

194~~ ..dentistry; or

(VI)being a nurse, midwife or health visitor registered or enlisted under the
Born. BombayNurses,Midwivesand HealthVisitorsAct, 1954,or any othercorresponding
x~ law for the time being in force in the State or a Oai attends on a case of labour,

1954. shallnotbe deemedto practisemedicine.
Explanation-ln this sub-section-
(I)

"advertisement" includes any word, letter,notice, circul~r,picture, illustra-
tion, model,'Sign,playcard,boardor other documentand any announcementmade
orally or by any means of producing or transmitting light, sound, smoke or:other
audibleor visible representation;and

(il)

.. physio-therapy .. means treatment of any ailment, disease, injury, pain,
deformity or physical condition, by message or other physical means, but does
not includebone-setting.

.

CHAPTER II.

CONSTITUTION, FUNCTIONS AND POWERS OF 1[THE COUNCIL].

2[3.

Mah.
(1)(a) On the date o(commencement of the Maharashtra Medical
~~ Practitioners (Amendment)Act, 1982, a Council to be called" the Maharashtra
1982. Council of Indian Medicine" shall be deemed to have been established.

(b) The Council shall be a body corporate by the name aforesaid, and have
perpetual succession and a common seal, with power to acquire, hold and
- dispose of property and to contract, and may by the said name sue and be sued.
(2) Subject to the provisionsof section 41, the existing Board and the Faculty
- ~h. shall stand dissolved on and with effect from the date of commencement of the

XXD~MaharashtraMedical Practitioners (Amendment)Act, 1982, andallthemembers
198~.ofthe aforesaid Board and Faculty shall vacate office.

Establish-
ment and
incroporation
of Council
and
dissolution
of existing
Board and
Faculty, and
Director to
function as
Administra-
tor tempo-
rarily.

(3) Notwithstandinganything contained in this Act, on and with effect from the

Mah.
XXIII dateof commencementof theMaharashtraMedicalPractitioners(Amendment)

, 198~~Act, 1982, the Director of Ayurved shall function as the Administrator, and he shall
) exercise all the powers and perform all the functions of the Council established
under sub-section (1) during the period he holds the office ,ofthe Administrator
undersub-section(4).

I.

.

t'

I

(4) The term of office of the Administrator functioning under sub-section (3)
. s,hallexpire on the day immediately preceeding the date of publication under
section5 of the namesof the members of the Council (includingthe Presidentand
the Vice-President) nominated, or as the case may be, elected in accordance
with the provisions of sections 3A and 4.]

1 These words were substituted for the words "THE BOARDANDTHE FACULTY' by Mah. 23 of 1982,

s.3.

2 This section was substituted for .the original,

ibid., s. 4.

8

Maharashtra~Medica(Piactitio';ers

Act, 1961

[1961: Mah. XXVIII

Constitution
ofCoijncil. President and the Vice-President,~ .

1[3A.

(1)

The Council shall consist of the following members,

including the

(a) .the Director of Ayurved, ex-officio;

(b)

five m~mbers nominated by the State Government. out of wholl1 two shall
be practitioners in Ashtang AyurVedic or Siddhasystem of Medicine and two shall
be practitioners in Unani or Unani Tibb syst~m of medicine;

-

(c) nine members elected by registered practitioners as follows. that is to say.-
-

,

.

,

(1) 2[eighf members elected by registered practitioners whose names are

entered in Part I of the register,from amongst themselves;

-,

"

3[(i1)one member elected by the registered practitionerswhose names are

entered in part II andPart III ofthe register,from amongst themselves;]
, -

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I

5[(d) (I) two members elected by the Principals or, Heads of Colleges or institu-
tipns affiliated to or, as the case may be. recognised by any statutory university in
the State of Maharashtra and which are imparting, education in Indian Medicine
for appearing at the examinations held by any such university,
from amongst
themselves; and

OJ

(ii) two members elected by the Teachers (other than Principals or Heads) of

such colleges or institutions;

from amongst

themselves,

who are registered practitioners possessing any of the qualifications specified
in theSchedul,e and for aperiod of not less than three years engaged in teaching
any of the systems of Indian Medicine in any such colleges or institutions:

.'

'."

,

Providedthat, the membersto' be elected'undersub-clauses(I) and (i/) of
this clause shall be persons other than those nominated or elected under the .
preceding clauses.]

(2)

If at any election, the electors fail to,elect the requisite number of members.
to the Council, the S~te Government shall nominate such registered practitioners
as it deems fit to fill the vacancies w.hich remain unfilledatter
the election, and the
practitioners so nominated shall be deemed to have been duly elected under sub-
section (1).

(3) The President and the Vice-President ofthe Council shall be elected by the

members,

from amongst themselves.]

1 This section was inserted by Mah. 23 of 1982, s. 5.
2 These words were substituted for the words"
3 Sub-clause
(ii) was suhstituted
4 Both provisos were deleted,

ibid., .s. 2(c).

the original,

for

five members"
ibid., s. 2(b).

by Mah. 21 of 1993, s. 2(a).

5 Clause

(d) was

substituted

for

the original

by Mah.

34 of 1986)

s; 2.

1961 : Mah. XXVIII]

Maharashtra Medical Practitioners Act, 1961

9

1[4. (1) The election of members of the Council,under section 3, shall be held at
such time, and at such place, and in such manner as may be prescribed by rules:
Provided that, for the purpose of any election under clause (c) of sub-section (I)
of section 3A, the list referred to in sub-section (I) of section 23 (including any
addendum or corrigendum thereto duly printed and published) and for the time
being in force on such date as the State Government may, by general or special
.order, notify in this behalf (being a date not earlier than 30 days from the date of
issue of such order) shall be the electoral

roll.

(2)(a) Wrlhin seven days after the nomination and election of members under the
foregoing provisions,a meeting shall be called for the election of the President and VICe-
Presidenton suchdate as the Directorof Ayurved may fix. Such electionshall be by ballot.
(b) The meeting called under clause (a) shall be presided over by the Director
of Ayurved, and he shall have the right to vote. The Director presiding over such
meeting (hereinafter referred to in this section as "the Presiding Officer") may, for
reasons recorded in writing which in his opinion are sufficient,
refuse to adjourn
such meeting, or as the case may be, adjourn such meeting.

Procedure of
election of
members.
President
and Vice-
President.

(c)

If in the election of the President or Vice-President,

there is an equality of
votes the result of the election shall be decided by lot to be drawn in the presence
of the Presiding Officer in such manner as he may determine.

(d) In the event of a dispute arising as to the validity of the election of a President or
VlCe-Presiden~the PresidingOfficer may,within 30 days from the date of the election,refer
the disputeto the Slate Govemment for decision. The decision of the State Government
in such dispute shall be final and condusive and shall not be questioned in any Court.]

5.

(1) The State Government shall, as soon as possible after the election
held 2[inaccordancewith the provisions of section 3A and 4], by notification in the
OfficialGazette,publishthe names ofthe President, 3[theVice-President and the
members ofthe CounciL]

(2) The Presidentand the4[Vice-President]shall hold office for such period as
the StateGovernmentmay specify in the notificationpublishedunder sub-section
(1), provided that, such period shall not exceed the term of office of such Presi-
dent or 4[Vice-President],as a member under sub-section (3). The term shall

. commence from the date of the notification published under sub-section (1).

(3) (a) 5[A member of the Council], whether elected or nominated, shall hold
office for a period of five years commencing from the date of the notification pub-
lished under sub-section (1).

-

Term of
office.

*

*

(b) 6*
(4) The term of an outgoing President, 7[Vice-President] or member shall not-
withstanding anything contained in sub-section (2) or (3) be deemed to extend to and
expire with the day immediately proceeding the day on which the name of the succes-
sorof such President,7[Vice-President],or member is published under sub-section (1).

*

*

*

(5) An outgoing member shall be eligible for re-election or re-nomination.

'This sectionwassubstitutedfor the ~riginal,by Mah.23 of 1982, s. 6."
2fhese words were substituted for the words and figures .under section 3 and,4"
3These words were substitu,ted for the words

ibid., s. 7(a) (I).
"the Chairman and the members of the Board and

,

ibid., s. 7(a) (il).

of the Faculty",
'These words were substituted for the word. Chairman",
"5fhese words were substituted for the braCkets, letters and words.
ibid., s. 7(e) (I).
Board",
6Clasue (b) was deleted,
'These words were substituted for the word. Chairman",

ibid.. s. 7(e) (iI).

,

ibid., s. 7(b).

ibid., s. 7(d).

(a) A members of

the

A-437-2 A

10

Maharashtra Medical Practitioners Act, 1961

[1961 : Mah. XXVIII.

'

, Casual

Va~ncies.

(6) Notwithstanding anything contained in sub-section (3),

the State
Government may, by notification in the Official Gazette, extend from time to
time the term of office of the members of l[the Council] for a further period not
exceeding 2[threeyears] in the aggregate.

6..

(1) Any' casual vacancy, previous to th~expiry of the term, in the offce of
the Presid~nt or 3[the-VIce-President] or' a member nominated by the' State
Government due to his death, resignation, removal, disabilitY or disqualification
or any other reason, shall be filled by nomination by the State Government.

(2) Any such'vacancy, in the office of a member of 4[theCounciij elected by .

registeredpractitioners,.shallbe filled by the State Govemmentby nominationof a
personfroma panelof threeregisteredpractitionersrecommendedby4[theCounciij:
Provided' that, if 4[the Council] fails to make a recommendation under this
sub-section,within such time as the StateGovernment may fix, the StateGovern-
ment may appoint any registered practitoner to fill the vacancy.
*
(3) 5*.
*
(4) Any personnominatedundersub-section (1) or (2) 6*
*

*
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*

*

*

.~

to fill a vacancy shall, notwithstanding anything contained in section 5, hold office
only so long as the person in whose pl;3ce he is nominated or elected would have
held office, ifthe vacancy had not occurred.

'

7.

(1) An elected member may at any time resign his..office by a notice in
A nominated member may at any
writing to the President 7*
*
time resign his office by a notice. in writing to the State Government.
Such
resignation..shall take effect from the date on which the resignaUon is accepted by
the President or 7*

* 'the St~te ~overnment,

as the.case may be.

*

*

*

*

(2) The President or 8[the Vice-President] may at any time resign his office by
The resign?ltion shall take effect

a notice in writing to the State Government.
from the date on which such resignation is C},Cceptedby the State Government.

8.

(1) Noperson,-

.

(a) who is an undischarged insolvent;
(b) who has been adjudged to be of unsound mind by a competent Court;
(c) whose name has been removed from the register; or
(d) who is a full time officer or servent of9[tI')e Council],
shall be eligible to be elected or nominated as a member.

/

(2) If any member-

(a) absents himself from three consecutive meetings of 1°[theCouncil] with-
out such reasons an may, in\he opinion of the State Government in the case of
the Presiqent and the II[the Vice-President], and in the opinion of 1°[theCouncil],
inthecaseof anyothermember,be sufficient;or

.

by Mah. 23 of 1982, s. 7(e);

by-Mah. 23 of 1982, s. 8(a).

'These words were substituted for the words" the Board"
2These words were substituted for the words "two years" by Mah. 66 of 1981, s. 2.
3Thesewords were substituted for the words "the Chainnan",
'These words were 'Substitutedfor the words "the Board";
5sub-section (3) was 'deleted,
6Thewords, brackets and figures" or elected under sub-section (3)", were deleted, ibid., s. 8(d).
or the Chairman as the case may be"
rfhe words"
and the words "the Chairman or", were
deleted, ibid.,
s. 9(a) (/) and (i/), respectively.
8These words were substituted for the words "the Chairman",
"These words were substituted for'the words ~e Board or the Faculty, ",
'O'fhese words were su~stituted for the words "the Board or the Faculty, as the case may be, ~,
ibid., s. 10(b)(i).
"These words were substituted for the words"

ibid., s. 10(b)(iI).

ibid., s. 10(a).

ibid., s. 8(b).

the Chairman",

ibid., s. 8(c).

ibid., s. 9(b).

.

A-437-2B .

Resignation.

Disqualifica-
tion, disability
'-and removal
from office.

.

1961 : Mah. XXVIII]

Maharashtra Medical Practitioners Act, 1961

11

,

(b) becomes, or is found to be, subject to any of the disqualifications specified

in sub-section (1),

the State Government shall declare his office to be vacant.
(3) The State Government may, on the recommendation

of '[the Council],
remove any
supported by at least
member elected or nominated under this Act, if such member has been guilty of
misconduct
in the discharge of his duties as a member, or of any disgraceful
conduct, or has become incapable of performing his duties as a member:

two-thirds of the whole number of members,

Provided that, no resolution recommending the removal of any member shall be
passed by 2[the Council], unless the member to whom it relates has been given a
reasonable opportunity of showing cause why such recommendation should not
be made.

(4) The State Government may remove the President or 3[theVice-President],

ifhe has been guilty of misconduct
of any disgraceful conduct, or has becomejncapable
the Presidentor as the casemaybe,3[theVice-President]:
, Providedthat, no suchactionshallbe takenunlessthe Presidentor,as the
is given a reasonable opportunity of showing
'case may be, 3[the Vice-President]
cause why he should not be removed from office.

in the discharge of his duties under this Act or
of performing his duties as

.

9.

(1) The meetings of 4[the Council] shall be convened, held and conducted

in such manner as may be prescribed by rules.

5[(2) Save as otherwise provided in sub-section (2) of section 4, the President
If at any meeting the
then the Vice-President, and in the absence of both, some
themselves, shall

when present, shall preside at every meeting of the Council.
President
other member elected by the members present,
preside at such meeting.]

from amongst

is absent,

(3) All questions at a meeting of6[the Council], shall be decided by a majority

of the votes of the members present and voting at the meeting.

(4) The presiding authority at a meeting shall have and exercise a second or a

casting vote, in case of an equality of votes.

(5) 7[Eight members ofthe Council

including the President and Vice-President]
the presiding
shall form a quorum. When a quorum is required but not present,
authority shall adjourn the meeting to such hour on some future day as it may
notify on the notice-board at the office of 8[the.Council] and the business which
would have been brought before the originallTfeeting, had there been a quorum
thereat, shall be brought before the adjourned meeting, and may be disposed of at
thereof, whether there be a quorum
such meeting or any subsequent adjournment
present or not.

1These words were

substituted for the words,

" the Board or the Faculty, as the case may be,

.

by Mah. 23 of 1982, s.10(c)(/).

,

j

J

2These words were substituted

for the words

"the Board or the Faculty,"

ibid., s. 10(c)(iI).

J"fhese words were substituted for the words

"the Chairman ", ibid., s'. to(d).

'These words were substituted for the words

"the Board and the Faculty,"

ibid., s. 11(a).

'.

5This sub-section

was substituted for the original,

ibid., s. 11(b).

6These words were substituted for the words

"the Board or the Faculty,"

ibid.', s. 11(c).

7These words were substitut~d for the portion beginning with the words"

Seven members" and

endil)g with the words" Chairman as the case may be ",

ibid.,

s. 11(d)(I).

SThese words were substituted for the words "the Board or the Faculty,

as the case may be, "

ibid., s. 11(d){iI).

"These Words were substituted for the words

"the Board or the Faculty,

"

ibid., s. 11(e).

Meetings of
"[the
Council].

Proceedings
of meetings
and validity
of acts.

. Fees and
. allowances

'O[for
-. meetings].

, Income and
Expenditure

of the

14[Coundl].

'.~

12

Maharashtra Medical Practitioners Act, 1961

[1961 : Mah. XXVIII'

10.

(1) The proceedings of the discussion of every meetings of 1[the Council]
shall be treated as confidential a,nd no person shall, without the previous
.resolution of 2[theCouncil] disclose any portion thereof:
. Provided that nqthing in this section shall be deemed to prohibit any person,
from discl~sing orpu~lishing the text of any resolution adopted by 3[the Council]
unless 3[the Council] directs such resolution also to be treated as cQnfidential.

(2) No' disqualification ofor defect in the election, nomination or appointment
of any person ~s a member or as the President or as 4[the Vice-President], or as
a presiding' autHority of a meeting, shall of itself be deemed to vjtiate any act or
proceedings of 5[the Council]
the
majority of persons, parties to such act or proceedings, were entitled to vote.

in which such person has taken part"whenever

(3) During any vacancy in 6(the Council],

the continuing members may act as

if no vacancy had occured:

Provided that,

number.

the number of vacancies shall at any time not exceed six in

'

11. There shall be paid to the President, 7[the Vice-President]

and other
members of 8[the Council], 9[and to the members of their committees and to the
Chairman and ~mbers
,section 17] such fees and' allowances for attendance at meetings, and such
reasonable travelling allowances as shan from time to time be prescribed by rules.

of the appellate authority refered to in s'ub-section (7) of ,

12.

(1)' The income of 11[the Council] shall consist of-

(a) fees received from practitioners;
12[(a:"1)fees received from examinees;
(a~2) any other fees collected by tHe Council;]
(b) grants received'from the State Government,
13[(C)donations and any other sums received by the CounciL]

if any; and

,

(2)

It shall be competent

for 15[theCouncil] to incur expenditure for the fonew-

ing purposes, nemely :-'

.

(a) salariesandallowancesof the Registrarandthe staff 16[ includingthe

Inspectors] maintained by 15[theCouncil];

.

(b) fees and allowances paid to the members' of 15[the;Council], 17[or a
committee 18[(including a board of studies)J thereof or of the appellate authority
referred to in sub-section (7) of section 17];

'These words were substituted for the words," the Board and the Faculty shall" by Mah. 23 of
1982, s.12(a)(/).
2These words were substitUted.for the words
ibid., s. 12(a)(ii).
3Jhese words were substituted for the words
, s. 12(a)(iii).
. 'These words were substituted for the words "the Chairman"
~ 5 These words were substituted for the words

"the Board or the Faculty, as the case maybe"

"the Board or, as the case may be, Faculty,",

"the Board or, as the case may be, Faculty,"

ibid., s. 12(b)(/).

ibid.,

ibid.,

-

.

'

.

ibid.,

s. 13(a).

s. 12(b)(ii).
6These words were substituted for the words "the'Board or the Faculty," ibid., s. 12(c).
7Thesewords were substituted for the words "the Chairman",
8These'words were substituted for,the words "the Board or the Faculty,",
"These words, brekects an~ figures were inserted by Mah. 19 of 1962,
lO'fhese words were substituted for the words "to President, Chairman and members,"
s. 2(b).
HThese words were substituted for the words "the Board" by Mah. 23 of 1982, s. 14(a)(/).
'2These dauses were inserted, ,ibid., s. 14(a)(iI).
13Thesedause was substituted for clause (e),
I'This word was substituted for the word "the Board ",
'5These words were substituted for the word "the Board",
,i6Theseworas were inserted.
17This portion was inserted by 19 of 1962, s. 3.
"'These words were inserted, by Mah. 23 of 1982, s. 14(b)(iil).

ibid., s. 14(a)(iil)..

ibid., s. 14(b)(il).

ibid., s. 14(a)(i).

ibid., s. 14(e).

ibid., s. 13(b).

s.2(a).

.

I

ibid.,
'

I

,

,

1961 : Mah. XXVIII]

Maharashtra Medical Practitioners Act, 1961

13

1[(b-1)remuneration paid to paper setters, examiners, moderators and other

persons appointed by the Council for the conduct of examinations;

(b-2) other expensesfor the conduct of examinations;]
(c) such other expenses as are necessary for performing its duties and

functions under this Act.

2 [*

13.
14. Subject to such conditions as may be prescribed by or under the

*]

*

*

*

provisionsofthisAct, the powers,duties and functions of3[the Council]shall be,-
4[(a) to provide for registration of practitioners and to maintain the register;]
(b) to hear and decide appeals from any decision of the Registrar;
(c) to prescribe a code of ethics for regulating the professional conduct of
*] practitioners;
*] practitioner,
or to suspend or remove him from the register 7[*
*]
or to take such other disciplinary action against him as may, in the opinion of
8[theCouncil], be necessary or expedient;

(d) to reprimand a registered 6[*

registered 5[*

*

*

*

*

*

*

*

Powers,
dutiesand
functions of
the
1°[Coundl].

9[(e) to hold ex.aminationsand to make all the necessaryarrangementsof such

examinations;

(f) to conductthe coursesof trainingwhich were, immediatelybeforethe date of
Mah. commencement of Maharashtra Medical Prac!itioners (Amendment) Act, 1982,
. ~I~ conducted by the Faculty and such other courses as the Central Council,
of prescribes by regulations made under clause (I) of section 36 of the Indian
1982. MedicineCentralCouncilAct, 1970,leadingto theexaminationsheldby theCouncil,
~:7~~ and to charge fees for such examinations;
(g) to provide for post-graduate training;
(h) to grant degrees, diplomas and marks of honour;
(I) to award stipends, scholarships, medals, prizes and other rewards;
(j) to recommend recognition of institutions for the purpose of giving instructions
for the courses leading to the examinations held by the Council, or to recommend
the cancellation of such recognition; .

.

.

~.;.

.

. (k) to recommendthe inclusion of any degree, diploma, certificate or award in
the Schedule or to recommend the removal of any degree, diploma, certificate or
award from the Schedule;

.

(I) to prepare, publish and prescribe text books, and to publish statements of

prescribed courses of study';

(m) to provide for the maintenance of an adequate standard of proficiency for the

practice of !he system of Indian Medicine;

(n) to provide for research in the system of Indian Medicine;
(0) to provide for the inspection of recognised institutions, and to require such

institutions to furnish such information as may be necessary ; ,

1 The$e dau$es were inserted by Mah. 23 of 1982, s. 14 (b)(iv).
ibid., s. 15.
2 Section 13 was deleted,
3 These words were substituted for the words.
4 Clause (a) was substituted for the original by Mah. 30 of 1979, s. 5(a).
5 The words .and enUsted " were deleted,
6. The words .or and enlisted" were deleted,

ibid., s. 5(e).

ibid., s. 5(b).

the Board"

7 The. words.

or the list, as the case may be ", were deleted,

ibid.

ibid., s. 16 (a).

, 8 These wo.rdswere substituted for the words.

the Board" by Mah. 23 of 1982, s. 16(b).

9 These dauses were substituted for dause (e), ibid., s. 16(e).
, 10 This word was substituted for the word . Board"ibid.,s. 16(d).

~
!

.
'.

t

.

f'

~

l
r

I

I

l/

t

14

MaharashtraMedical PractitionersAct, 1961

[1961 : Mah. XXVIII

(p) to provic;lefor the inspection of any other institutions giving instructions for

any of thequ(3lifications included in the Schedule;

.

(q) to appoint boards of studies and committees consisting of persons, who
mayor mC!lYnot be members of the Council, but at least half ot'the number of such
persons shall be medical. practitioners registered under -anyof the laws mentioned
in sub-section (1) of section 34, and to lay down the constitution, the duties and
the functions of.sucti boards and committe~s ;

(r)subjecttothe

approval ofthe State Govemment,
determine the conditions of acceptance of donations;

-

.

to receive donations and to

(s) to exercise such other powers and perform such other duties and functions

as are laid down in this Act, or may be prescribed by rules.]

*

*

1[*'
(1) The State Govemment

15.
-
- 16.-
3[the Council] appoint a
Registrar, who sh~1Ibe the Executive Officer of4[ the Council].
The salary, allow-
ances ~md other conditions of service of the Registrar shall be such as may be
prescribedby the State Government.
-

(2) 5[The CQuncil] may from time to time grant leave to the Registrar.:

shall, after consulting

*]

*

i

. Provided that, if the period of leave does not exceed two months, the leave may

be granted by the President.

(3) During any such temporary vacancy in the office of the Registrar due to
leave or any other reason, 6[the,C;ouflCil] may, with the previous sanction of the
State Government, appoint another person to act in his place, and any person so
appointed shall for the period of such appointment, be deemed to be the Registrar
for the purpose of this Act:

-

Provided that,'wh-en the period of such vacancy does not exceed two months
the appointment may be made by the President, who shall forthwith report such
appointment

to the State Government.

./
(4) The State Government may, after consulting 7[theCouncil] suspend, dis-
-
miss or remove any person appointed as the Registrar, or impose any other pen-
alty upon him.

,

..

(5) 8[The Council] shall,

from time to time, appoint such other officers and
its duties and performing its

,servants as it deems necessary for carrying out
functions under this Act :-

Provided that, the number and designations and the salaries, ~lIowances and
other conditions of serviceof such officersand servants shall be such as the StateI
'
Government may from...time to time determine.

(6) The Registrar.and any other officer or servant appointed under this section
shall be deemed to be a public servant within the meaning of section 21 of the
Indian Penal Code.

XLV of
1860.

1 Section 15 was deleted, by Mah. 23 of 1982~s. 11.
2 These words were substituted for the words"
3 Thesewordswere substitutedfor the words" the BoardN, ibiq., s. 18(a)(/).
for"the words"
4 These words were substituted
5 Thesewordswere substitutedfor the words" the BoardN, ibid., s. 18(b).
6 Thesewordswere substitutedfor the words" the BoardN, ibid., s. 18(c).
the Board N, . ibid., s. 18(d).
7 These words were substituted for the words"
the Board arid Faculty N, ibid., s. 18(e).
for the words"
6 These words were substituted

the Board and Faculty N,

the Board and Faculty N, ibid., s. 18(a)(ii).

.s. 18(1).

ibid.,

.

Registrar
and other
employees
of 2[the
CoUncil].

"

1961 : Mah. XXVIII]

Maharashtra Medical PractitionersAct, 1961

15

'[16A.

(1) The 2[Council]shall as soon as may be, constitute an Executive
Committee consisting of the President, ex-Officio, and such number of other
members, elected by the 2[Council] from amongst its members, as may be
prescribedby rules.

(2) The term of office of, the mannerof filling casualvacancies among, and the
procedure to be followed by, the members of the Executive Committee shall be
such as may be prescribed by rules.

(3) In addition to the powers, duties and functions conferred, imposed and
entrusted by this Act, the Executive Committee shall exercise such powers,
perform such duties, and discharge such fundions, of the 2[Council]as may be
delegated to it by rules or entrusted to it, from time to time, by the 2[Council].

16B. 3[*

*

*

*

* ]]

CHAPTER III.

4[REGISTRATIONOF PRACTITIONERS].

17.

(1) As soon as may be after the appointed day,

the Registrar shall
prepare and maintain thereafter a register of 5[practitioners of Indian Medicine] for
the State, in accordance with the provisions of this Act

Executive
Committeeof
2[Council].

Preparation
of Register.

(2) The register shall be divided into 6[three parts], namely :-

(I) Part

I containing the names of practitioners who possess any of the

qualifications specified in the Schedule;

7[(iI) Part

II containing the names of practitioners, whose names were

included in that part immediately before the 1st day of October 1976;

(iil) Part III containing the names of practitioners, who on the 30th day of
September 1976 were enlisted practitioners and who are on that day deemed to
have become registered practitioners under section 18.]

Each part shall consist of one or more sections as the State Government may

specify in this behalf.

.

(3) Every person who possesses any of the qualifications

specified in the
Schedule shall, at any time on an application made in the form prescribed by
rules, to the Registrar and on payment of a fee of8[five hundred rupees] be entitled
to have his name entered in the register.

9[(3A) Notwithstanding anything contained in any law for the time being in
force, every person enrolled on the register maintained under the Indian Medicine
48 of Central Council Act, 1970, but not enrolled on the register maintained under this
1970. Act, shall, on an application and on payment of the fee as provided in sub-section
(3), be entitled to have his name entered in the register maintained under this Act]

1 Section 16Aand 16Bwas inserted by Mah. 19 of 1962, s. 5.
2 Thiswordwas substitutedforthe word" Board" by Mah.23 of 1982,s. 19.
3 Section 16B was deleted, ibid., s. 20.
4 This heading was substituted for the original heading" Registration and Enlistrnenf by Mah. 30

'

of 1979, S. 6.

5 These words were substituted for the words" Ayurvedic and Unani Practitioners"

by Mah. 23

of 1982, s. 21(a).

,6 These words were substituted for the words"
7 Clauses (il) and (iil)were substituted for the original clause (iI),ibid., s. 7(a)(iI).
6 These words were substitutedfor the words" one hundered rupees" by Mah. 19 of 1993,s. 3.
9 Sub-section (3A) was inserted by Mah. 30 of 1979, s. 7(b).

two parts ", by Mah. 30 of 1979, s. 7(a)(/).

16

Maharashtra Me,dital Practitioners Act, 1961

[1961 : Mah. XXVIII

(4)

The name of every person who on the day immediately preceding the

appointed day stood registered inany register kept under-

area of tlle'State ; or

(8) the Bombay Medical Practitioner's Act, 1938, as in force in the Bombay Born.
XXVI
of
1938.

'.

.

.

(b) the C~ntral Provinces and Berar Ayurvedic and Unani Practitioner's Act; C.P.'

1947,asih forceintheVidarbharegion.oftheState;or
,.'

.

(c) the Medical Act, as in force in the Hyderabad area of the State;

shall be entered in the register prepared under this Actwithout such permission'
being required to make an.applicationor to pay any fee.

;

and
Berar
IV of
1948.

Hyd.

, lof

1312
Fasli.

(5) Any person, not beinga personqualifiedfor registrationunder sub~section
(3) or (4), Who proves to the satisfaction of the Committee appointed under
sub-section (6}-

(I) that he had been regularlypractisingtheAyurvedicor the Unanisystemof
medicinein theVidarbharegionor the Hyderabadareaof the State,fora periodof
not lessthan tenyears immediatelybeforethe 23rd day of November1960 ; or

(ii) that he was on the 4th.day of November 1941 regularly practising the
Ayurvedic or the Unani system'of medicine in the Bombay !3reaofthe State,
but hisnamewas motenteredin the registermainta.inedunderthe Bombay Born.
XXVI
Medical Practitioner's Act, 1938~ 1[or
. of

.

"

. (iii) that his name had been entered in the list kept under section 18 of the
Bombay Med(cal Practitioner's Act, 1938, by virtue of paragraph (il) or (iil) of
sub-section (1) of section 31C inserted in that Act by the Bombay Medical
Practitioner's (Amendment)Act, 1949,and stood included,onthe day immedi-
ately preceding the.date of the commencement of the Maharashtra Medical
t:ractitioner's (Amendment)Act, 1'964,in the list maintained under thisAct, by
"
virtue of clause (a) of sub-section (2) of section 18,]

-

1938.

Bom.
XXVI
of
1938.
Born.
XXXIII
of
1949.
Mah. .
XVII of
1965.

shall, on an application made in the form prescribed by rules, accompanied by a
fee of ten rupees and such documents as may be prescribed by rules, 2[on or
before the 31st day of March 1965], be entitled to have his name entered in the
register.'

.

(6) All applications for registration under sub-s.ection (5) shalt be considered
by a Committee of three members of 3[the Council] appointed by the State
The Committee shall make. enquiry in such manner as may be
Government
prescribed by rules. 4[Th~ C9mmittee shall not entertain any further application
from a person, if an application made by him under clauses (/ror (il) ofsub-section
(5) has already been decided by it]

.

,

,1 The word"
2 These words were substituted for the' words" within a period of two years from the appointed

" and clause

17 of 1965,

s. 5(a)(1).

(Hi) w~re

by Mah.

inserted

or

day", ibid., s. 5(a)(il).

.

3 These words were substitUted for the words"
4 This portion was added by Mah. 17 of 1965, s. 5(c). .

the Board ", by Mah. 23 of 1982, s. 21 (c).

.'

1961 : Mah. XXVIII]

Maharashtra Medical Practitioners Act, 1961

17

(7) 1[(a) Any person aggrieved by the decision of the Committee appointed
under sub-section (6) may, within a period of one month from the date of which
such decision is communicatedto him, on payment of a fee of five rupees, appeal
to the appellateauthorityconstitutedby the StateGovernmentin this behalf. The
appellate authority shall consist of a Chairman who has for at least seven years
held judicial office not lower in rank than that of a District Judge, one member
elected by 2[the Council], and the Director of Ayurved shall be the ex-officio
member. The decision of the appellate authority shall be final.

(b) Notwithstandinganything contained in clause (a) any person aggrieved by
such decision of the Committee, who has not already appealed to the appellate
Mah.authority aforesaid before the date of the commencement of the Maharashtra
XVllof Medical Practitioners' (Amendment)Act, 1964, may on or before the 31st day of
1965. March1965,on paymentof a likefeeof fiverupees,appealto theappellateauthority.]

3[(7A)

If on an application for registration made under clause (iil) of sub-section
(5) or on appeal under sub-section (7), a person is found eligible for registration,
then on his name being included in the register the entry of his name in th~ list
shall be cancelled.]

(8) The register shall

include the following particulars, namely :-

(a) the full name and residential address of the registered practitioner;
(b) the date of his admission to the register maintained under this Act; and
if he, be a person who was registered on the day immediately preceding the
appointed day, in a register kept under any of the Acts referred to in sub-section
(4), the date of his admission to that register;

(c) the qualification specified in the Schedule possessed by him, if any, and
and the authority which

the date on which he obtained the qualification
conferred or granted it; and

(d) such further particulars as may be prescribed by rules.

(9) When the register is prepared in accordance with the foregoing provisions
the Registrar shall publish a notice in the Official Gazette and such newspapers
as 4[the Council] may select, about
the register having been prepared, and the
register shall come into force from the date of the publication of such notice in the
Official Gazette.

(10) (a) Every registered practitioner shall be given a certificate of registration
in the form prescribed by rules.
The registered practitioner shall display the
certificate of registration in a conspicuous place in his dispensary, clinic or place
of practice.

5[(b) Such certificate shall be valid until it is duly cancelled and the name of the
practitioner is removed from the register under the provisions of this Act; and every
Mah. certificate of registration given before the commencement-of
the Maharashtra
v of Medical Pr~ctitioners (Amendment) Act, 1972 which is valid on such commence-
to the provisions of section 23A, be valid likewise, and shall
1972. ment shall, subject

continueaccordingly.]

.

.

6[(c) Where it is shown to the satisfaction of the Registrar that a certificate of
registrationhas been defaced, lost or destroyed, the Registrar may,on payment
prescribedfee, issuea duplicatecertificatein suchformas maybe prescribed.]

.

~

1 This dause was renumbered as dause (a) and clause (b) was inserted bY.Mah. 17 of 1968,

s. 5(e)

2 Thesewordsweresubstitutedforthe words.
3 Sub-section (lA) was inserted by Mah. 17 of 1965, s. 5{d).
. These words were substituted for the words" the Board" by Mah. 23 of 1982, s. 21{e).
5 Clause (b) was substituted by Mah. 5 of 1972, s. 2(b).
6 Clause (c) was added by Mah. 21 of 1966, s. 2.

the Board. by Mah.23 of 1982,s. 21{d).

Enlisted
practioner's
deemed to
be registered
practioners
on 30th
September
1976.

Provisional
registration
for practice.

Pe~sonsnot
entitled to
registration
sr**]

18

Maharashtra Medical PractitionersAct, 1961

[1961 : Mah. XXVIII

1
.

1[18.

(1) Every person, who on the 30th day of September 1"976,that is, the
day imllilediately preceding the date of coming into force of section 17 of the
Indian Medicine Certral Council Act, 1970, was an enlisted practitioner under this 48 of
Act s~all be dee,r:nedto have become a regjstered practitioner under this Act, on 1970.
that day and to have become a person enrolled on the ,StateRegister for the
purposes Qtthe said.,section17. His name shall be entered by the Registrar in
the register ,maintained uhderthis Act with effect from that day, without such
person being required to make any application or to pay any fee.

I

(2) Every person whose name is entered in the register under sub-section (1)
shall be given a certificate of registration in the form prescribed by rules, on the
payment ofafee of fifteen rupees.

.

.

18A.

(1) If the courses of study to be undergone for obtaining-any of the i

qualifications specified in the Schedule,
include a period ,oftraining after a person
has passed th~ qualifying examination, and before such qualification is conferred
on him, any such person'shall, on an application made to the Registrar,jn the
form prescribed by rules and on payment of a fee of 2[seventy-five rupeesJ be
granted a provisional registration in the register, in order to enable him to practice
Ayurvedic or Una,ni system of medicine in an approved institution forthe purpose
of such training, and for no other purpose, for the period-aforesaid.

(2) Every person who is granted a provisional regi~tration under sub-sdction (1)
registrcHion in:the form prescribed by

shall be given a certificate of provisional
rules, which shall remain in force for such period as may be specified therein,]

19. Notwithstanding anything contained in 3[section 17J, no person, whose

name has been remove~ from any register 4[* I

' *] kept under-

'I

1,

, "

I
I
1

1

1

I1

(1) the Bombay Medical Practitioners'Act, 1938, as in force in the Bombay Born,

area of the State;

"XXVI

(iJ) the Central Provinces and Berar'Ayurvedicand Unani Pract'itioners' Act,

1947, as in force in the Vidarbha region of the State;

,

(iii) th~ Medical Act, as in force in the Hyderabad area of the State;

(iv) ahyother

law for the time being in force in India or any part thereof

regulating the registration of practitionersof medicine,

for infamous conduct tn a professional
entered in the register 6[*
*
the register 7[*

*'

respect, shall be entitled to have his name
*]unless his name is duly restored to

*] from which it was so removed.

I

1 Sections 18 and 18A were substituted for the original section 18 by Mah, 30 of 1979, s.8,
.. fifteen ~upees" b)( Mah. 21 of 1g9~, s. 4.
2 These words were substftuted for the words'
3 The word and figures" section 17" were substituted for the words and figures" section 17

and 18" by Mah. 30 of 1979, s- 9(8).

list" were deleted, ibid., s. 9(b).

4 The words "or
5 The words"
6 The words"
7 Thewords .. or the list" were.deleted,ibid.

or enlistment" were dEileted,ibid., s. 9(c).
or the list respectively" were deleted, ibid.

of
1938:;
C.P. ~
andj
Berar'
IVo~ '
1948.1
Hyd.1
lof
J
1312~
Fasli:';

i.1
II

jl

"

1961 : Mah. XXVIII]

Maharashtra Medical Practitioners Act, 1961

19

20.

(1) Ifa registered practitioner has been, after due inquiry, held by the
1[Council]2[(or the Executive Committee)] in the manner prescribed by rules, found
guilty of any misconduct

the '[Council] may-

by the '[Council]

Removal of
names from

the Register.
3[* *

*]

issue a letter of warning to such practitioner;

(a)
(b) direct the name of such practitioner-

or

(I) to be removed from the register for such period as may be

lIot
1974.

XLVlof
1950.
II of
1974.

specified

in the direction, or

(il) to be removed from the register permanently.

-
shall mean-

Explanation.-Forthe

(I) the conviction

purposes
of a registered

of this section,

"misconduct"

practitioner by a criminal Court for an

offence which involved moral turpitude, and which is cognizable within the
meaning of4[the Code of Criminal Procedure, 1973] ; or

(il) the conviction under the Army Act, 1950, of a registered practitioner
subject to military law for an offence which is cognizable within the meaning
of 4[the Code of Criminal Procedure, 1973] ; or

(iil) any conduct which,

relation to the medical profession
prescribed by the Board.

in the opinion of the '[Council]

is infamous in
particularly under any code of ethics

(2)

If the name of any such practitioner

is entered in-

5[(a) the register maintained under the Maharashtra Medical Council

, Mah.
XLVIof
1965.
Bom.
XIIof and Biochemic Practitioners' Act, 1959 or any other
1960. in force in relation to the qualifications

the register or list maintained

Act, 1965;]
(b)

under

the Bombay Homoeopathic

and registration of Homoeopathic

law for the time being
or

r

.~

Biochemic practitioners in any part of the State;

.

it shall be the duty of the Registrar to give intimation of such removal

to the

authority entitled to maintain the said register or the said list.

(3)

If the name of a registered practitioner

is also entered in thE;!register or
the list, as the case may be, maintained under any of the laws referred to in sub-
section (2) and it is removed from the said register or the said list, the 1[Council]
if such removal comes to its notice also remove his name from the register
shall
under this Act.

sequent date that the name of a practitioner

(4) The '[Council] may, on sufficient cause being shown, direct at any sub-
removed under sub~section (1) or
of

in the register on such conditions

and on the payment

. 6[(3)] shall be re-entered

such fees, as may be prescribed by rules.

(5) The '[Council] may, of

its own motion, or on the application of any
person, after due and proper enquiry and after giving an opportunity to the person
concerned of being heard, cancel or alter any entry in the register if in the opinion
of the 1[Council]such entry was fraudulently or incorrectly made.

'

1 Thiswordwas substitlJtedfor the word"Board"by Mah.23 of 1982,s. 22(a).
2These brackets and words were substituted for the brakcets and words "(or a committee

oppointed by the Board for that purpose)"

by Mah. 19 of 1962, s. 6(a).

list" was deleted by Mah. 30 of 1979, s. 10(c).

3 The word"
4 These words were substituted for the words"
.

Mah: 23 of 1982, s. 22(b).

the Code of Criminal Procedure, 1898" by

"

.>

5 Clause (a) was substituted for the original by Mah. 30 of 1979, s. 10(a).
6 This was substituted for "(2)" by Mah. 5 of 1972, s. 3.

20

MaharashtraMedical PractitionersAct, 1961

[1961 : Mah. XXVIII

(6) In holding any inquiry under this section, '[the Council] 2[orthe Execu-
tive Committee] shall have the same powers as are vested in Civil Courts under
the Code of Civil procedure, 1908, when trying a suit, in respect of the following v of
matters, namely:-
,

(a) enforcingtheattendanceof any person,and examininghimon oath;
(b) compelling the production of documents;
(c) issuing of commissions for the examination of witnesses.
(7) All inquires under this section shall be deemed to be judicial proceed-
ings, within the meaning of sections 193,219 and 228 of the Indian Penal Code. XLV

.'

1908.

~

(8){a) Forthe purposeof advising'[theCouncil]3[orthe ExecutiveCommittee] of
on any question of law arising in any inquiry under this section, there may in all 1960.
such inquiries be an assessor, who has been for not less than ten years.-

Maintenance
of register.
* 1

9[*

(9)
21.

6[*
(t)

xxv

~~61:

(I) an Advocate enrolled under 4[theAdocates Act, 1961] ;

(ii) an attorney of a High Court.

.

(b) Where an assessor advises l[the Council] 5[orthe/Executive Committee]
on any question of law as to evidence, procedure or any other matter, he shall do so
in the presence of every party, or person representing a party, asto the inquiry who
appears there at or if the advice is tendered after '[the Council] 5[orthe Executive
Committee] has begun to deliberate as to their findings, every such party or person as
aforesaid shall be informed what advice the assessor has tendered. Such party or
person shall also be informed if in any case' [the Council] 5[orthe Executive Commit-
. tee] does not accept the advice of the assessor on any such question as aforesaid.

(c) Any assessor under this section m~y be appointed either generally, or
for any particular inquiry or dass of inquiries, and shall be paid such remuneration
as may be prescribed by rules.

*

*

*

*]

It shall be the duty of the Registrar to make entries in the register
from time to time, to revise the same and to issue the certificates of registration
7r *
*] in accordance with the provisions of this Act, the rules made thereun-
der, and the orders of8[the Council].

*

(2) The names of registered practitioners who die or whose names are
directed to be removed from the register under section 20 shall be removed therefrom.
(3) Any person whose name is entered in the register and who subsequent to his
registration obtains any additional qualification which is specified in the Schedule, or
desires to record in the register any change in his name, shall on an application made
in this behalf and on payment of such fee as may be prescribed by rules, be entitled to
an entry stating such additional qualification made against his name in the register

.ave

or such change in"his name recorded in the register, as the case may be :

1 These words were substituted for the words "the Board" by Mah. '23 of 1982, s, 22{a).
2 These words weresubstitutedfor the words.or a 'committeeoppointedby the Board" by

Mah. 19 of 1962, s. 6{b).

.
3 These words were substituted for the words .or a committee oppointed by it",
4 These words and figures were substitutedfor the words and figures.

ibid., S. 6(c)(/).
The Indian Bar Council

Act, 1926, or " by Mah. 21 of 1982 s. 22{c).
5 These words were substituted for the words.
. Sub-section(9) was deleted by Mah. 30 of 1979, s. 10(b).
7 Thewords .and renewalslip" were deleted by Mah.5 of 1972,s. 4.
8 Thesewordswere substitutedfor the word;:;"the Board" by Mah.23 of 1982,s. 23(a).
9 The.words "and list" were deleted by Mah. 30 of 1979, s. 11(b).

.
or Committee"

by Mah. 19 of 1962, S. 6(c)(il).

Publication of
list of
registered
3[****]
practitioners.

1961 : Mah. XXVIII]

Maharashtra Medical Practitioners Act, 1961

21

'[Provided that, where a registered practitioner whose name is entered in
Part II or Part IIIof the register makes an application for entry of such additional
qualificationwhich involveschange of his registration from Part II, or as the case
may be, Part III to Part I of the register, such application shall be treated as in
application for fresh registration, and it shall be accompanied by a fee of one
hundred rupees. After the name of such registered practitioner is entrusted in
Part I of the register,the entry of his name made in any of other Part of the register
earlier shall be cancelled. ]

*

*

*

*]

[Renewal fee]. Deleted by Mah. 5 of 1972, s. 5.
(1) At such time after the publication of the notice under sub-section
(9) of section 17 as 4[theCouncil] deems fit, and thereafter at such intervals as
may be prescribed by rules,the Registrarshall cause to be printed and published
a correct medical list of all persons for the time being entered in the register.

(4) 2[*
22.
23.

(2) Except in a year in which a list is published under sub-section (1), the
Registrar shall cause to be printed and published annually on or before a date to
be prescribed by rules, an addendum and a corrigendum to the list published
under sub-section (1) showing,-

(a) the names of all persons for the time being entered or re-entered in the

register, and not included in any subsisting list already printed and published;

(b) the namesof all practitionersincludedin any subsistinglist,whose names
have since been removed on account of any reason whatsoever from and not
re-enteredin the register; and

(c) any other amendments to the sub~isting list
5[(2A) Notwithstanding anything contained in sub-section (2), when the
election of members ()f 6[the Council] is to be held under 7[clause (c) of
sub-section (1) of section 3A] and any general or special order is issued by the
StateGovernmentunderthe provisoto 8[sub-section(1) of section4] the Registrar
shall reviewthe subsisting list and if necessarycause to be printed and published,
, on the date immediately preceding the date notified under the said proviso, and
. addendumand corrigendum to the said list]

(3) The form of the list publishedunder sub-section(1), the particularsto be
indudedtherein,andthemannerof itspublication,shallbesuchas maybeprescribed
by rules.

(4) A copy of list referredto in sub-section (1) shall be evidence in all courts,
and in all judicial or quasi-judicial proceedings,that the persons therein specified
are registeredaccordingto the provisionsof thisAct, and the absence of the name
of any person from such copy shall be evidence, until the contrary is proved that
such person is not registred according to the provisions of this Act:

Providedthat, in thecaseof any personwhosenamedoes notappearin such
copy a certified copy under the handof the Registrarof the entry ofthe nameof

by Mah. 30 of 1979, s. 11(a).

.1 This proviso was inserted by Mah. 23 of 1982, s. 23(b).
2 ~ub-section (4) was deleted
"and enlisted" were deleted,
3 The words
4 These words were substituted for the words "the Board"
5 Sub-section(2A)was inserted by Ma~.4 of 1969,s. 3.
8 Thesewordswere substitutedfor the words"the Board", by Mah.23 of 1982,S.24(b)(i).
brackets, letters and figure were substituted for the words, brackets, letters
7.These words,

by Mah. 23 of 1982, s. 24(a).
.

ibid, s. 12(b).

and figures "dause (b) of sub-section (2) of section 3",

ibid, s. 24(b) (iI).

8 Thesewords, bracketsand figuresweresubstitutedfor the words,brackets and figures
. . sub-section (5) of

the said section 3",

ibid, s. 24(b) (iil).

\

)

.

f

~.
.
.
i I,
i
!

I

.

22

Maharashtra Medical Practitioners Act, 1961

[1961 : Mah".XXVIII.

such person on the register shall be evidence that such person is registered
I[Such certificate copy may be issued by the
under the provisions of this Act.

, Registrar on payment of such fee and in such form as may be prescribed.]

(5) 2[*

*

*

*

* ,

*

*]

,

:e~e~~ of

00. commencement of the Maharashtra Medical Practitioners(Amendment)Act, 1972,-

(1) Notwithstandinganytllingcontainedin sections17 and 23, after the M?h.

3[23,~.

V of

egis

.

(a) (I) the Registrarshall cause"tWogeneral noticesin the prescribedform to .19'1'2.

'.

be published alan interval of not less than sixty days, ill the Official Gazette and
in such' other manner as may be prescribed. The first such general notice shall
be published on such date as the Registrarmay, with the approval of the Presi-
dent declde,'calling upon all registered practitioners to make an application to
the Registrar for the continuance of their names on the register, and drawing
,attention to their liability to pay to 4[the Council] a fee of fifty rupees therfor ;
t

.(ii) theRegistrarshall,afterthepublicationof thefirstgeneralnoticeunder.

sub-clause (1) ofthis clause, send an individual nQticeslunder certificate of
posting]; enclosing therewith the prescribed form of application to e"ery
registered practitioner at his address as entered ir:1the register calling upon
him to retum the applicationto the Registrarduly filled in for tre continuanceof
his name on the register alongwitha fee of fifty rupees,within forty-five days of
the receipt of such individual notice.

.

If any of the registered practitioners fails to return such application within
the period specified inlhe individual notice alongwith a fee of fifty rupees, the.
Registrar shall, after the publicationof the second general notice under clause
(I), issue a further individual notice to su,ch registered practitioner slunder
certificate of posting], enclosing there wi~hthe prescribed from of application
calling upon him to return the application to the Registrar for the continuance
of his name on the register within' thirty days of the receipt of the further
individual notice togetherwith a fee of fifty rupees, and an additionalfee of five
rupees;'

(iil) if theapplicationtogetherwiththefee isfetumedwithiRtheperiodspecified
in such individual notices, the Registrar shall inform the registered practitioner
slunder certificate of posting], that the fee has been received, and that the
.certificate of his registration shall, subject to the provisions of this section,
continue in opera\ion, unless such certificate is duly cancelled under this Act;
(iv) if the application together with the fee is not returned within the period
specifiedin thefurther individualnotice,the Registrarshall removethe nameof
defaulting practitioner from the register and inform him of such removalS[ur'lder
certificate of posting]. The fact of such removal shall be published in the
Officiaf'Gazette and in such other manner as may be prescribed. On such
removal, the certificateofJegi~trationissuedto the defaulting practitionershall
be deemed to have been cancelled, and shall be liaplsto be withdrawn from'
the practitioner by the Registrar in the prescribed manner:

-

.

Provided that, on an application made to the Registrar in that behalf within the
prescribed period, the name so removed [I1ay be re-entered io the register on .'
payment of a fee of fifty rupees together with an additional

fee of fifteen rupees;
. and thereupon, the certificate of registration,. if withdrawn, shall be retumed to the
. 0practitioner and shall continue in operation, and if not yet withdrawn,
it shoallalso'
0 continue in operation, as provided in sub-clause (iil)'ofthis clause;

.

1 These words were added by M~~h.21 of
2 Sub-section(5) was aeleted
3 Section 23 A was inserted by Mah. 5 of 1972,os. 6. .

1966, S.3.

by Mah. 30 of 1979, s. 12(a).

.

, 4 These words were substituted for the words "the .Board" by Mah. 23 of 1982, s. 25(a).

5 These words were

. 0

subsituted

for

the words

"by registered

post

.

". by Mah. 49 of 1'973, s. 2(i).
~,

.

0
1961 : Mah. XXVIII]

Maharashtra Medical Practitioners Act, 1961

23

Mah.
v of Medical Practitioners (Amendment) Act, 1972, the Registr'ar shall
1972.

(b) and thereafter, every five years from the commencement of the Maharashtra
likewise cause
two general noticesin the prescribedform to be publishedat an intervalof not less
than sixty days,
in the Official Gazette, and in such other manner as may be
prescribed calling upon all registered practitioners to make an application to the
Registrar for continuance of their names on the register without payment of the fee
of fifty rupees referred to in clause (a), and thereupon,
the provisions of clause (a)
shall, mutatis mutandis, apply for the continuance of the names of registered
practitioners on the register;

'[(c) (I) and the Registrar shall, as soon as may be, after the commencement
, Mah. of the Maharashtra Medical Practitioners (Amendment) Act, 1973, send a notice
XLIX under certificate of posting at the last known address alongwith the prescribed
form of application to every person whose name has been removed from the
of
register during the process of renewal which took place under section 22 of this
1973,
Mah. Act before the commencement of the Maharashtra Medical Practitioners (Amend-
Vof ment)Act, 1972, and call upon such person to retum the application duly filled in
1972. forrestorationof hisnameon theregisteralongwithafeeoffifty rupeestogether
with arrears of dues, if any, payable to the Board before such commencement and
an additional fee of fifteen rupees byway of penalty within sixty days from the date
of the receipt of such notice:

.

Provided that, the Registrar may accept an application together with an
additionalfee of fifteen rupees after the expiry of this said period, if he is satisfied
that theApplicantwas preventedby sufficientcause from retuming the application
alongwith the fees and dues in time;

(ii) if the application together with the fees and dues, if any, is retumed within
the period specified in such notice, the Registrar shall inform ~uch person under
certificate of posting, that the fees and dues, if any, have been received, and
that his name has been restored to the register and that the certificate of his
registr~tion shall, subject to the provisions of this section, continue in operation
unless such certificate is duly cancelled under this Act]

2[(2)(a) Any registered practitioner to whom a certificate of registration is
issued before the 9th day of November 1972, and such certificate is still in
operation may at any time by an application in writing, accompanied by such
certificate(in original)and a fee of five rupees, apply to the Registrarfor issue of a
fresh certificateof registration in lieu of the certificate issued earlier.

.

\

(b) On receipt of such application, the Registrar shall cancel such certificate
and issue a fresh certificate of registration in the form prescribed by rules made
under sub-section (10) of section 17.]

.

24. Feespaid under sections 17,18, 3[18A],20, 214[and23A]shall not be refunded.

II.

-

5[25. Notwithstanding anything contained in any law for the time being inforce,-
legally qualified Medical Practitioner" or " duly qualified
(I) the expression"
,Medical Practitioner"
or any words importing a person recognised by law as a
'Medical Practitioner or member of the Medical Profession or as having a right to
practise any system of medicine shall, in all Acts of the State Legislature and in
all Central Acts (In their application to the State of Maharashtra),
in so far as
such Acts relate to any matters specified in List n or List III, in the Seventh
Schedule to the Constitution of India, include a practitioner whose name is entered
in any part of the register maintained under this Act, whether before or on or

No refund of
fees.

Rights of
registered
practioners
to practise.

1Clause (c) was inserted by Mah. 49 of 1973, s. 2(2).

. '2 The original sub-section (2) was deleted by Mah. 30 of 1979, s. 13, and this sub-section

(2)

was inserted by Mah. 23 of 1982, s. 25(b).

'

.

.

'J
1"-

~,
ft'
2
\I.,.

,

i

3 Thefigures'and letter" 18A" were inserted by Mah. 30 of 1979, s. ~4.
4 This was substituted for
5 Section 25 was substituted for the original section by Mah. 30 of 1979, s. 15.

"and 22" by Mah. 5 of 1972. s. 7.

.

~
,

.

r. .,

24

'Maharashtra Medica/Practitioners ACt, 1961

[1961 : Mah. XXVIII

after the 1st day of October 1976. that
section 17,of the Indian Medicine Central Council Act, 1970;

is, the date of coming into force of 48 of
1970.

(il) it shall be lawful for every practitioner whose name is entered in any part
of the register maintained under this Act to use in full after hi~ name the words
" Registered Medical Practitioner"

;

(fil).a certificate,

required by any Act from a medical practitioner or medical
officer, shall be valid if such certificate has been given and signed by 'a practitio-
ner regist~red under Part I or Part Ii of the register maintained under this Act.]

Examinations
held by
3[Counicl]
and Courses
of studies.

Recognition
of
institutions.

I

\

CHAPTER IV
EXAMINATIONSHELD By 1[COUNCIL], COURSESOF STUDIES, RECOGNITIONOF
INSTITUTIONSAND RECOGNITIONOF QUALIFICATIONS
26. 2[The Council] shall by by-laws made under section 31 prescribe the
examinations to be held by it, the qualifications for admission to such
examinations, the courses of studies for such examinations (including the
subjects, of medicine, surgery; midwifery and gynaecology), the standard of
passing, the degree, diploma,-certificate or any other like award to be give to
persons who pass the examinations and such other matters in respect of such
examinations as may be necessary or expedient.

.

27.

(1) Every institution recognised underthis section shall, subject to such
conditions as may be prescribed by the 4[Council], be entitledto train students for
theexaminationsofthe4[Council].'

,
(2) Any institutiondesirousof recognitionunderthisAct shallsendan application

to the Registrar,givingfull informationin respectof thefollowingmatters,namely:-

(a) the constitution and personnel of the managing body;

. \ . (b) subjectsandcoursesinwhichit givesor proposesto giveinstruction,

and the examination for which it seeks recognition;

.

(c) accommodation,equipmentand,thenumber.ofstudentsfor whom provi-

sion has been or is proposed to be made;

work carried out by them;

(d~ the strength of the staff,their salaries, qualification, and the research
(e) fees levied or proposed to be levied, and the financial provision made for -
capitalexpenditureon buildingsand equipmentand for continuedmaintenance
and efficient working of the Institutions:

.

.

Provided that, no application shall be entertained by the Registrar unless
the institutionagrees in writing to give all facilities to aQYInspectoresor visitors
authiorised by the 4[Council]to make an inspection or enquiry or to attend any
examination under sub-sections (3) to (9).
(3) The Registrat shall place the application before the 4[Council], and the
4[Council]may direct the Registrar to call for any futher'information which it may
deem necessary. The 4[Council]may also direct a local inquiry to be made by a
competent person or persons authorised by itin this behalf.!

(4) .AftEtrrecordingthe reportof such local inquiryand after makingsuchfurther
inquiry as may be necessary,
the 4[Council] shall forward the application together.
with its report, to the State Govern",ent with its recommendation. The State
Government may thereupon grant or refuse the recognition, or may grant it
subject.tosuch conditions as it deems fit. The State Governmentshall not grant
recongnition to any insititution which does not provide such f~cjlities for clinical
training as may be prescribed under the by-laws. The.decision of the State
Govemment shall be final.

"

.

.

.

.

1 This word was substituted for the word
2 These wOO:tswere substituted for the words. The Fawlty"
3 This wordwas substitutedfor the word. Faculty", ibid., s. 27(b).
4 This word was

the word . Fawlty", ibid.,s. 28.

substituted

fOr

. Fawlty. by Mah.23 of 1982, s. 26.

ibid., s. 27(a).

1961 : Mah. XXVIII]

Maharashtra Medical Practitioners Act, 1961

25

(5)

It shall be the duty of the '[Council]

to secure the maintenance of an
adequate standard proficiency in the subjects of medicine, surgery, midwifery and
gynaecology and for the practice of the Ayurvedic system of medicine or the Unani
For the purpose of securing the maintenance of such stan-
system of medicine.
dard, the 2[Council] shall have authority to call on the governing body or authorised
of any recognised institution to permit
Inspectors or visitors appointed by the
in this behalf, who mayor may not be members of the 1[Council] to
2[Council]
the recognised institution and the hospitals attached to it, and to attend
inspect
and be present at all or any of the examinations held by the institution, Every
recognised institution shall comply with the directions issued by the '[Council]
from time to time.

(6) The Inspectors or visitors shall not interfere with the conduct of any exami-
their opinion as to the
nation but it shall be their duty to report to the 2[Council]
sufficiency or instufficiency of every examination which they attend, and any other
matters in regard to such institution on which the 1[Council] may require them to
report.

(7) Every recognised institution and every examination held by such institu-
tions shall be inspected by the 2[Coucil] through its Inspectors or visitors at least
once in five years, and more friquently if the 2[Council] so desires.'

(8) The 1[Council] shall forward a copy of every such report to the authorities of
the institution in respect of which the report was made, and shall also forward a
together with any observations made thereon by the said
,copy of such report,
body, to the State Government.

(9) An Inspector, or a visitor shall receive such remuneration to be paid as part

of the expenses of the 2[Council]

, as may be prescribed by rules.

(1)

28.

If it appears to the State Government on the report of the 2[Council] or
otherwise that any recognised institution is not maintaining an adequate standard
of training according to the requirements of the 2[Council], the State Government
mayask the 1[Council]to directthe institutionsto take steps withinsuch reasonable
~ime as it may fix to bring the training upto the required standard.

t.,~

J

'"

(2) If the institution fails so to do within the stipulated time, the State Government

may at any time withdraw the recognition granted to such institution.

29.

the course of study and examinatioos

(1) If it shall appear to the State Government on the report of the 3[Council]
or otherwise that
prescribed by any
university, body or institution conferring a degree, diploma, certificate or any other
is such as to secure the possession, by
.like award not entered in the Schedule,
the requisite
person obtaining such degree, diploma, certificate or award of,
including the
for the efficient practice of their profession,
knowledge and skill
for the State
it shall be lawful
Government
from time to time by notification in the Official Gaz~tte, to amend the
, Scheduleand to direct the inclusiontherein of any such degree, diploma,
certificate or award subject to such conditions (if any) as may be specifiied in
respectof any such degree, diploma, certificate or award.

. medicine, surgery, midwifery and gynaecology,

#

. (2) Any university, body or institution desirous of having induded in the Schedule,
any degree, diploma, certificate or award in the Aurvedic system ~f medicine or the
Unani system of medicine conferred by it, may apply to the 3[Council] in the manner
- provided in sub-section (2) of section 27 and for the purposes of this section the
3[Council]shall have all the powers specified in sub-sections (3) to (9) of section 27 as
if the university, body or institution had applied for recognition under section 27.

by Mah. 23 of 1982, s. 28.
, This word was substituted for the word"
2 This word was substituted
ibid., s. 29.
3 Thiswordwas substitutedfor the word. Faculty", ibid., s. 30.

for the word, .Faculty"

Faculty"

Withdraw
of recognition
of institutions.

Amendment
of Schedule.

"""'

, 26

MaharashtraMediqalPractitionersAct, 1961

[1961 : -Mah. XXVIII

,

.

(3) If it appears to the State Government on the'report of the 1[Council]or
otherwise that the course of study or the examination prescribed by any
university,body or institutionfor any degree, diploma,'ce-rtificateor award which is
entered in the Schedule under this section, are such not as to secure the
maintenanceof an adequatestandardof proficiencyforthepracticeof theAyurvedic
systems of medicine or the Unani system of medicine,.as the cas~ may be,
includingthe practiceof medicine,surgery,midwiferyand gyna~cology it shall be
lawful for the State Government at any time by notification in the Official Gazette,
to direct the rernovCjlof any suchdegree"diplom,a, certificate orawC'!!"dfrom
the Schedule::

"

'

,

,

,

.'
'

,

.

Provided tIlat, no notification undersub.;.secti~n (1) or this sub-section shall be

issued by the State Governmentwithout

first c~nsultjn9, the1[Colincil]

:

Provided ~rtherthat, be!ore making any recommendation to the ~te Government
under this sub-section toremqve any degree, diploma,.certiDcate or,award from
the Schedule, the 1[Council]shall require the university,bodyorinstitution to take
such steps as may be directed by the 1[Council] arid within such reasonable time
as the 1[Council] may pr~scribe to bring the course ofstudyo~ examination or

, " such'degree, diploma or award to tile required standard.

,

,

Rules.

CHAPTERV.
MISCELLANE.oUS.

'.

'

30. (.1) The State Government may, by notification iil the Official Gazette,
and subject to the condition of previous publication make rules to carry out the
purposes of this Act.

'-

'

'

'

"

(2)

In particular, and without prejudice to the generality of the foregoing power,

such rules may provide for all or any of the following matters', nam~ly :- >

(a) the tin:1E~and place at which and the manner in which election to 2[the

Council shall be held under sub-section (1) of section 4] ;

,

(b) the manner in which the meetings of 3[the Council] shall be convened,

held and conducted under sub-section (1) of section 9;,

'

4[(C)the fees and other allowances to be paid under section 11];
.5[(d) the powers, duties and functions of the Councilu'nder

cl?luse (s) of

section 14] ;

"

"

6[(da) the number and term of office of, the manner of filling casual vacancies
al1)ong, and the procedu.re to be followed by, the m~mbers of the Executive'
Committees, and the powers, duties and functions of 7[the Council delegated
to the ExecutiveCommitteeundersection16A]];'

,

(e) any further particulars to be entered in the register 8 [*
9[(1)the forms of application for registration and provisional registration

* * *];

r

,

under sections 17 and 18A, and the documents'to.accompany such forms];

(g) the manner of making enquiry by the committee appointed under

sub-section (6) of sectio'n17;

I

,

"

.

,

(h) the forms of certificate,ofregistration 1°[andprovisional registration];
(1) the maimer of holding enquiry under section 20;

,

1 This wordwas substitutedfor the word. Faculty" by Mah.23 of 1982;s. 30.
2 This -portion was substituted for the portion beginning with the words.

The Board and to the

..

Faculty"

and ending with the words.

respectively"

ibid., s. .31 (a).
the Board and the Faculty",
'

'

3 These words were substituted for the word"
4 This clause was substituted for the original by Mah. 19 of 196;1,'S. 7(a),
5 This Clause was substituted'for the original by Mah, 23,of 1982, s, 31(c),
6 This clause was inserted by Mah. 19 of 1962, s, 7(b).
7 This' portion was ,substituted for
the Board and the
, Faculty" and ending with the word, figures and letter "and 16B" by Mah. 23 of 1982. 31(d).
8 This word" and the list" were deleted by Mah. 30 of 1979,'s. 16(a).
9 Clause(f) was substitutedfor the original, ibid., s. 16(b). '
10 Thewords" and provisionalregistJ:atiori"were substituted'for the Words" and enlistment"

-,
the portion beginning with the words"

ibid., s. 31(b).

,-

,

ibid"

s, 16(c),

'

,

1961 : Mah. XXVIII]

Maharashtra Medical Practitioners Act, 1961

27

(j) :the conditions and the fees for re-entering the name of a practitioner

removed under section 20;

(k)the

remuneration

to be p,aid to the assessor under ~Iause

(c) of

sub-section (8) of section 20;

(I) the fees chargeable for the entry of additional qualifications or change of

name under sub-section (3) of section 21;

1[*.

*

*

*

*

*]

(0) the interval at which the medical list shall be published under sub-section (1)

of section 23;

(p) the forms of the medical

list, the supplementary list, the particulars to be
included therein and the manner of publication under sub-section (3) of section
23;

(q) remuneration to be paid to an Inspector or visitor under sub-section (9) of

section 27;

(r) any other matter which is to be or may be prescribed under this Act;
(s) the furtherance of any of the objects of this Act.

2[(3) Every rule made under this section shall be laid as soon as may be after
it is made before each House of the State Legislature while it is in session for a
total period of thirty days which may be comprised in one sesssion or in two
successive sessions, and if, before the expiry of the session in which it is so laid
or the session im'mediately following, both Houses agree in making any modification
in the rule or both Houses agree that rule should not be made, and notify such
, decision in the Official Gazette, the rule shall from the date of publication of such
- .notification have effect only in such modified form or be of no effect, as the case
may be, so however that any such modification or annulment shall be without
prejudice to the validity of anything previously done or omitted to be done under
that rule.]

31.

(1) The 3[Council] may, with the previous sanction of the State Govemment
make by-laws, not inconsistent with the provisions ofthis Act or the rules made
thereunder, for the following matters, namely :-

By-laws,

(a) the examinations to be held by it ;
(b) the qualifications for admission to and the courses of studies for the

examinations;

(c) the standared of passing;
(d) the degree, diploma, certificate or other like award to be conferred upon
those who pass the examinations, and the manner of conferring such degree,
diploma, certificate or award;

.

(e) the language in which the examinations shall be conducted;
(f) the conditions of appointment of examiners, paper-setters, moderators
and other persons appointed and fees to be paid to them the conduct qf examination
and the fees to be charged for the conduct of examinations;

(g) the conditions for the recognition of teachers in recongnised institutions;
(h) the number of students to be admitted to recognised institutions;
(I) 'the language in which instructions shall be given in recongnised institution;
(j) such other matters as may be necessary for the exercise of the powers

anq performance of duties and functions by the 3[Council] under this Act.

1 Clauses (m) and (n) were deleted
? Sub-section (3) was sub~tituted b"y Mah. 17 of 1965, s. 8.

by Mah, 5 of 1972, s. 8.

,of,

3 Thi;>word was substituted for the word" Faculty" by Mah. 23 of 1982, s. 32.

" '1'

,.

;::

II'

\.
~..

j'
,

,j
1:' .
l'

28

Maharashtra Medical PractitionersAct, 1961

\

(19~1 : Mah. XXVIII

(2) The State Government on receiving the draft by-laws may sanction or refuse
to such modifications as it may think

to sanction the same, or sanctions subject
fit or refurn them to the 1[Council] for further consideration.

'

(3) All by-laws when sanctioned, shall be published in the Official Gazette by

the State Government.

,

,

Control of
State
Govenrment.

Prohibition of
medical
practice by
persons not
registered.

.

I.,

(4), The State Government may:by.notification

in the Official Gazette, cancel

any by-law. "

32.

t (1) If at any time it appearsto the StateGovernmentthat 2[theCouncil]or
its President 3[or Vice-President] has failed to exercise or has exceeded or abused
any of the powers conferred upon it or him by or under this Act or has otherwise
the State Government
ceased to function, or has become incapable of functioning,
to be of a serious character,
may, if if considers such failure, excess or abuse,
notify the particulars thereof tothe 4[Council]or
the Vice-Presi-
dent] as the case may be.
If 2[the Council] or the President 5[or the Vice-Presi-
dent] fails 'to remedy such failure, exCess or abuse within such reasonable time as,
the State Government may fix in this behalf, the State Government may remove the
President 5[orthe Vice-President], or dissolve 6[the CounciU and cause all or any
of the powers, duties and functions of 2[ the Council] to be exercised and per-
formed by such personsand for such period not exceeding 7[ twoyears] as it may
think fit, and shall,take steps to constitute a 8[new Council].

the President5[or

,

(2) Notwithstanding anything contained in this Act, or in the rules or by-laws,
if at any time it appears to the State Government, 9[ the Council] or any other
authority empowered to exercise any of the powers or to perform any of the auties
the
or functions under this Act, has not been validly constituted or appointed,
State Government any cause any of such powers or functions to be exercised or
performed by such person, in such manner and for such period not exceeding six
months and subject

to such conditions, as it thinks fit.

CHAPTERVI.

GENERAL PROVISIONS ApPLICABLE To ALL MEDICAL PRACTITIONERS.

1°[33. (1). Notwithstanding anything contained'in any law for the time being in .
. force or in t'lnyjudgment, decree or order of any Court, no person other than a
medical practitioner whose name is entered in-

(I)
(ii)

the register maintained under this Act; or
the register or the list' prepared and maintained under the .Bombay
Homoeopathic and Biochemic Practitioners'Act, 1959 or under any other law Born.
Ifor the time being in force in relation t6 the quaHficationsand registration of XIIof. .
1960.
Homoeopathic or Biochemic Practitioners in any part of the State; or
'. (iii) theregisterpreparedandl)1aintainedundertheMaharashtraMedical Mah.
CouncilAct 1965' or
XLVI
of
1965.

1 This word was substituted for the word" Faculty' by Mah. 23 of 1982, s. 32.
2 These words were substituted for the words"
3 These words were substituted for the word"
4 These words were substituted for the words "Board or Faculty', ibid" s. 33 (a) (HI).
5 These words were suDstituted for the wor9s
6 These words were substituted for the words" new Board or new Faculty, as the case may

the Faculty"
ibid., s. 33 (a) (il).

the'New Board of
or Chairman",

ibid., s. 33 (a) (iv).

the Chairman",

ibid., s. 33(a)(/).

"or

,

,

be". ibid.,s. 33 (a) (v).

.

7 Thesewordswere substitutedfor the words" one year" by Mah.49 of 1973,s. 3,
8 These words were substituted for the words'"

the Board or 'Faculty, as the case may be" by

Mah. 23 of 1982, s. 33 (a) (VI).

'~,

9 These words were substituted
10 Section 33 was substituted for the original by M~h. 30 of 1979, s. 17.

the .words "the Board or FacultY'.

for

ibid., s. 33(b).

CII of
1956.

/ ;

,

','

,

,

~

)

1961 : Mah. XXVIII]

Maharashtra Medical Practitioners Act, 1961

?9

(iv) the Indian Medical Register prepared and maintained under the Indian Medical

Council Act, 1956,

shall practise any system of medicine in the State:

Provided that, the State Govemment may, by notification in the Official Gazette, direct
, that subject to such conditions as it may deem fit to impose and the payment of such fees
as may be prescribed by rules, the provisions of this section shall not apply to any class
of persons, or to area, as may be specified in such notification.

1[(2) Any person, who acts in contravention of any of the provisions of sub-section (1)

shall, on conviction, 2[be punished,-

(a)

for the first offence, with rigorous imprisonment

for a term which shall not be less
than two years but which may extend to five years and with fine which shall not be less
than two thousand rupees but which may extend to ten thousand rupees; and

(b) for a second or subsequent offence, with rigorous imprisonment

for a term which

may extend to ten years and with fine which may extend to ten thousand rupees:

Provided that, when the contravention is continued after the order of conviction, a
for each day of continuation of

. further fine which may extend to five hundred rupees,

such contravention, may be imposed.]]
3[33A.

(1). 4[Notwithstanding anything contained in any law for the time being in force,]
no person, who is not a practitioner registered under any of theActs referred to 5~nsection
33] shall, after the commencement

of this Chapter, hold any appointment as,-

(a)

physician, surgeon, or other medical officer, in any hospital, infirmary or d ispen-

sary not supported wholly by voluntary contribution;

Unregistered
persons not
to hold
certain
appoint-
ments.

(b) medical officer of health of any local authority;
(c)

teacher
6[Explanation.-Forthe

in medicine, surgery or midwifery in any public institution.
purpose of this sub-section a practionerregistered

.
ACt shall not indudea practitioner registered underPart
this Act.]

.

under this
III of the register maintained under

7[(2) Any person, who contravenes the provisions of sub-section (1) shall, on convic-

tion,8[be punished,-

'(a)

for the first offence, with rigorous imprisonmentfor

a term which shall not be less
than two years but which may extend to five years and with fine which shall not be less
tHan two thousand rupees but which may extend to ten thousand rupees; and

(b) fora second or subsequent offence, with rigorous imprisonment

fora term which

may e",end to ten years and with fine which may extend to ten thousand rupees:

.

Provided that, when the contravention is continued after the order of conviction, a
further fine which may extend to five hundred rupees, for each day of continuation of
suchcontravention,maybeimposed.]]
34. (1). Notwithstanding anything in any law for the time being in force, a birth or a Registered
d~th certificate,or a medical or fitness certificate, or any other certificate required by any practitioners
law to be signed or authenticated by a duly qualified medical practitioner, shall be valid competentto

.

M h only if it has been signed or authenticated by a practitioner registered under,-

9[(/) Part I or Part II of the register maintained under thisAct;]
10[(il) the Maharashtra Medical Council Act, 1965;]

a .
~~~
1965.

1 Sub-section (2) was substituted for the original by Mah. 21 of 1993, S.5,
2 These words were substituted for the portion begining with the words "be punished"
9 of 2001,
the first

ending with the words

contravention"

"conviction

by Mah.

such

for

give.valid
certificates
expert
or'd
evi ence.
'

and

s. 2,

3 Section 33A was inserted by Mah, 17 of 1965, s. 9.
4 These words and figures were substituted for the word"
, contained in the last preceding section" by Mah. 30 of 1979,-s. 18(a).
5 These words were substituted for the words "in that section"by
,6 This Explanationwas insertedby Mah. 30 of 1979s. 18(b).
7 Sub-section(2) wassubstitutedfor the original by Mah.21 of 1993,s. 6(b).
8 These words were substituted for the portion begining with the words "be punished with rigorous
s. 3.
, .
J Clause (I) was substituted for the original
the original,
substituted
10Clause

the first such contravention"
byMah.
ibid.,

Notwithstanding anything

Mah. 21 of 1993, s. 6(a).

30 of 1979, s. 19 (a) (I).

and ending with the words

by Mah. 9 of 2001,

imprisonment"

s. 19 (a)

(if) was

"for

(if).

for

'

'ii,

30

,

,

Maharashtra Medical Practitioners Act, 1-961

[1961 : Mah. XXVIII

.

.'
(iii) the Bombay.Homoeopathicand Biochemic Practitioners Act, 1'959or Born.
any other law for the time being in force in relation to the qualifications and XIIof
registration of HomoeQpathic,or Biochemic Practitioners in any part of the 1960.
State:; or
(iv)

the Indian Medical Council Act, 1956.

'

Cllof
1956.

(2)

1[Notwithstanding anything contained in any law for the time being in force,
no person] other thana practitioner
registered under any of the laws specified in
sub-section (1) shall be qualified to giveevidenceat ~ny inquest or in any Court of
law as an expert under section 45 of the Indian Evidence Act, 1872, on any matter 1 of
relating to medicine, surgery or midwifery.'

1872.

35. (1) No person other than,~
(a) a University established by law;

'.,

,',

1916;
(d)

t~e 2[Council] c~:mstituted under this Act;
.

(b)
(c) an authority spec,i(iedor notified under the In~n Medical DegreesAct, VIIof
1916,
the Court of Examinersconstituted under the Bombay Homoedpathi,c Bom.
and Biochemic Practitioners Act, 1959.or any other body constituted under XIIof
any other law for the time being in force in relation to the qualificatiQnsand 1960.
registration of. Romoeopathic or Biochemic Practitioners in any part of the
State'

:;,.~,

"

'"

"

.

,

. "

.

(e) any authorityempoweredorrecognisedas competent,by the State
Government, to Gonfer,grant or issue any degree) diploma,'licence, certificate
,
or any other like award,
shall confer, grant or issue or hold himself out as entitled to confer, 'grant
or issue any degree, diploma, licence, certificate or any other likeawa'rd which
is identical with or is a colourableimitation of any degree, diploma, licence,
certificate or award granted,byabody or institution specified in clauses (8), (b),
(c), (d) or (e) ofthi$ sub-section 3[orwhichstates or impliesthattheholder thereof
is qualified to practice any system of medicine].

.

,

(2) Any person, who contravenes the provisions of sub-s.ection(1), and
if the pe]son so contraveningis an association,evef¥ memberof such association
who, knowingly or wilfully .authorises or permits the contravention shall, on
conviction,be punished,-

(I)
for a firstoffen.ce, with fine which may extent to one'thousand'rupees ;
(if) for a subsequentoffence,with imprisonmentfor a termwhichmay. extend

to six months, or with fine which may extend to two thousand rupees, or with Qoth.

36.

(1) No person shall add tohim name, any title, description,

letters,or ab-
breviations which imply,that he holds a degree, diploma,
licenc~ or certificate or
any other like award as his qualification to practise any system of medicine un-
'
less\--:'"

,

,

(a)

he actually holds such'degree, diploma,

other like award; and

license or certificate or any
'.

(b) such degree, diploma,

license or certificate or any other like award~

(I) is recognised by aQYlaw for the time being in force in India or in part

thereof,or

,.

,.

1 These words were substituted for the words" No ,person" by Mah. 30 of 1979, s.19(b).
2 These words were substituted for the words" Faculty"
3 These words were added by Mah. 21 of 1966, s. 4;

by Mah.23 of 1982, s. 34.

Conferring,
granting or
issuing
colourable
imitations of
degrees,
diplomas or
licences to
be an
offenc;e.

Prohibition
against
addition of
any title,
description,
. etc.,
to
name of any
persOn
,
unless
authorised to
do so.

~-

1961 : Mah. XXVIII]

Maharasfltra Medical Practitioners Act, 1961

31

, (iI) has been conferred, granted or issued by a body or institution referred to

in sub-section (1) of section 35, or

(iil) has been recognised by the Medical Council of India, 1[or

(iv) has been recognised by the Central Council of Indian Medicine.]

<;,

" A

, '

the provisions

2[(2) Any person, who contravenes

(1)
shall, on conviction, be punished with rigorous imprisonment
for a term which
shall not be less than one year but which may extend to three years and with fine
which shall not be less than one thousand rupees but which may extend to five
thousand rupees; and when the contravention is a continuing one, with further fine
which may extend to two hundred rupees for every day during which such contra-
vention continues after conviction for the first such contravention.].

of sub-section

*

*

*,

*

3

>""'"

""":

f

t

,"';

l,'
(

:/'ij;...;

.:,~.
°, '~:'

t

;,.'

I(J

'-.~~
. "
Ii::

. - 'j
,>,ji,

1 The word" or" and clause (iv) were inserted by Mah. 30 of 1979, s. 20.
'2 Sub-section (2) was substituted for the original by Mah. 21 of 1993, s. 7.
3 Section 37 was deleted by Mah. 40 of 2005, s. 2.

,°,"

io-

"'<.."

~>

:..

,C .i;,

.'C,

~"'"

"

32

Maharashtra Medical Practitioners Act, 1961

[1961 : Mah. XXVIII

Cognizance
of offences.

38. All offences under this Act shall be '1[congnizable and non-bailable].

Indemnity to

f
39. No suit, prosecutipn,or other legal proceedin'gshall be institutedagainst

cf pers~ns any per~on for anything which is in good faith done or intended to be done under
a 1n~~nA:'

this Act, or under the rules or by-laws made there;under.

CHAPTER VII.

"

REPEAL AND TRANSITIONALPROVISIONS.

Repeal and
saving.

40.

(1) Subjectto the provisions of this Chapter, on the appointed day,-'-

Bom.

(a) the~Bombay Medical Practitioners' Act, 1938, in its application to the ~I

'Bombay area of the State; ,

1938.

1947,

(b) the Central Provinces and Berar Ayurvedic and Unani Practitioners Act, C.P.&
Berar
N~
1948.

in its application to the Vidarbha region of the State;

,

.

(c) the Medical Act,

in its application to the Hyderabad area of the State, Hyd.1

shall stand repealed.

.

of
1312
Fasli.

(2) Subject

to the provisions of sub.;section (2) of section 44 all or any of.the
rules, by-laws, regulations, orders or any other instruments made or issued under
any of the Acts repealed under sub-section (1), relating to any examinations held
by any Faculty, Board or Medical Council ol'like body competent
to hold such
examinations under the said Acts, as the State Governmell.t may by order specify
of the appointed day, shall, in so far as they are not inconsistent
"rith the provi-
sions of this Act, be deemed to have been made or issued und~r and for the
purposes of the relevant provisions of this Act and be in force accordingly, unless
and until superseded by any rules or by-laws or other orders made under this
Acts; All other rules, by-laws, reguations, orders or any other instruments made
or issued under the said Acts shall on and from the appointed day cease to be in
force.

(3) The register kept or maintained or deemed to be kept and maintained,-

Bom.

(1) under

the, Bombay Meqical Practitioners', Act, 1938,

in its application

the Bombay area of the State; and

to ~I

1938.

ners Act, 1947, in its application to the Vidarbha region of the State,

(ii) under the Central Provinces and Berar Ayurvedic and Unani Practitio- C.P.&
~:r~~
which are in force immediately before the appointed day, shall be deemed to be 1948.
the register under this Act, until the register prepared under section 17 comes
intoforceundersub-section(9)thereof.

..

1 These words were substituted for the word"

congnizable" by Mah. 9 of 2001, s. 4.,

"

1961 : Mah. XXVIII]

Maharashtra Medical Practitioners Act, 1961

33

(4) The list kept or deemed to be kept under the Act repealed under clause (a)
. of sub-section (1) which is in force immediately before the appointed day, shall be
deemed to be the list under this Act, until the list prepared under section 18 comes
into force under sub-section
(9) of
section 17.

(3) of section 18 read with sub-section

(5) Any appointment, notification, notice, order or form made, issued or given
under 9ny of the Acts, repealed under sub-section (1) and subsisting immediately
before the appointed day shall, in so far as it is not inconsistent with the provisions
issued or given under the relevant
of this Act, be deemed to have been made,
provisionsGf
the State accordingly unless and
until superseded by any appointment, notification, notice, order or form made,
issued or given under this Act.

thisAct, and be in force throughtout

Mah.
XXlI~ Medical Practitioners (Amendment) Act, 1982 (hereinafter

1[41. On and with effect from the date of commencement of the Maharashtra
in this section referred
198~. to as "the commencement date"), the following consequences shall ensue, that is

to say,-

Vesting of
rights, duties
etc..in the
Gounal and
saving.

(a) all rights of the Board and the Faculty dissolved under sub-section (2) of
in this section referred to as "the dissolved Board and
in the Council established

section 3 (hereinafter
Faculty'1 shall on the commencement
under sub-section (1) of section 3 (hereinafter

referred to as "the Council");

date vest

(b) all the property movable or immovable which on the day immediately
preceding the commencement date vested in the dissolved Board and Faculty
shall, subject to all limitations and conditions as were in force on that day, vest

,in the Council;

(t) all sums due to the dissolved Board and Faculty on any account shall be
to take any measure or
recoverable by the Council, which shall be competent
institute any proceedings which it would have been open to the dissolved Board
and Faculty to take or institute if the Maharashtra Medical Practitioners (Amend-

. ment) Act, 1982 had not come into operation;

Mah,
XXIII,.
of
1982.

(d) all debts,

liabilities and obligations incurred by or on behalf of the dis-
solved Board and Faculty, immediately before the commencement date and
subsisting on the said day, shall be deemed to have been incurred by the
Council
in exercise of the powers conferred on it by or under this Act and .shall
continue in operation accordingly;

(e) all proceedings and matters pending before any authority or officer im-
mediately before the commencement date shall be deemed to be transferred to
and continued before the corresponding authority or officer under this Act as
amended by the Maharashtra Medical Practitioners (Amendment) Act, 1982
competent to entertain such proceedings and matters;

.

(8) all prosecutions instituted by or on behalf of or against

the dissolved
Board and Faculty and all suits and other legal proceedings instituted by or
against the dissolved Board and Faculty or any officer or any such dissolved
.Board and Faculty on behalf of the dissolved Board and Faculty pending on the
commencement date, shall be continued by or against

the Council;

1 This section was substituted for the original by Mah. 23 of 1982, s. 35.

Mah.
XXIII
of
~1982.

.

(

r

34

MaharashtraMedical Practitioners,Act, 1961

[1961 : Mah'. ~XVIII .

(g) the Registrar and all officers and servants in the employmen! of the
dissolv~dBoard and Facultyimmediatelybefore.the commenc~ment date, shall
be the Registrar,officersand servants employed bythe Counciland shall receive
salaries and allowan~s and be subject to ~e conditionsof service or retirement
benefits whi'chthey were entitledto or subject to on the commencement date:

/

Providedthat-

/

(I) the service rendered by such Registrar, officersand servants before the
commencement date shall be deemed to be service rendered under the Council;

(il) if,in the opinian of the Council, the services of any officer or servant are not
necessary as being surplus in view of the State Government sanctioning new
pattern of staff with due reference to the volume of work of the Councilor are not
suitable to the requirements of serviCes under it, it may, with the previous approval
of the State Government, discontinue the services of any such officer or servant
and any officer or servant whose..services are so discontinued shall be entitled to
. receive (rom the Council such leave, pension, gratuity or other benefits as he
would have, ifthe Maharashtra Medical Practitioners (Amendment)Act, 1982 had Mah.
not been enacted been entitled to receive on being invalidated out of service of the
dissolved Board or Facultyand may receiv~ such additional amount by way of ~~82
compensation as the Council may with the sanction of the State Government
.
determine;

XXIII

,

(h) any appointment,notification,notice,order,rule,bye-law,register,registra-
tion certificate, recognition or form held, m~de, issued, maintained or granted
under thisAct and subsisting and inforce immediatelybefore the comencement
date shall, in so far as it is not inconsistent with the provisions of this Act as
amended by the Maharashtra Medical Practitioners (Amendment) Act, 1982, Mah.
continue to be in force, \,Inless and until superseded by any appointment, ~!I
notification, notice, order, rule, bye-law, register, registration certificate,
recognition
this Act as
issued, maintained
by the Maharashtra Medical Practitioners
amended

or granted
(Amendment) Act, 1982.]

or form held, made,

under

~982.

.

Mah:
XXIII
of
1982.

"42; Dissolution.of Faculty and constitution of new Faculty. [Deleted]..

143. ProvisionregardingRegistrars. [Deleted]..

144. Provisionregardingexamination.[Deleted].

145. Provisionregarding recognised institutions.[Deleted].

146. Vesting of rights, duties etc. [Deleted].

~

.

47.

.
If any difficulty arises in giving effect to the provisions of this Act 2[as
amendedbytheMaharashtraMedicalPractitioners(Amendment)Act,l982:dur- Mah.
ing the period of one year from the date of-commencement of the said amendment
Act,]the Stat~Governmentmay as occasion requires,by order do anythingwhich ~~82
.
appears to'it necessary or expedient for the purpose of removing the difficulty.

XXIII

1 Sections 42,43,44,45
2 These words were inserted by Mah. 32 of 1982, s. 37:

and 46 of the Act were deleted by Mah. 23 of 1982, s. 36.

Powerto
remove
difficulty.

I .

1961 : Mah. XXVIII]

Maharashtra Medical PractitionersAct, 1961

,35

SCHEDULE

(See sections 15,17,21,29 and 44)

Qualificationsthe possession of which entitles a person to registration
PART A

Qualifications in the Ayurvedic System of medicine with a course supplemented

by modern advances with,-

(a) the Inter Science (8 Group) examination as qualification for admission; or

(b) the Matriculation or S.S.C. Examination or its equivalent Examination
as qualification for admission, provided the course is of a duration of six or more
years.

Serial
No.,

Authority

Qualification

. 2

3

1 BenarasHindu University,Benaras (1) Ayurvedacharya with
Bachelor of Medicine
and Surgery.

Abbreviation

for

registration
conditions

and
for

registration,
4

if any

.

AM.B.S. (Ben.)
(This qualification shall
be recoginsed only when
granted in or after 1952).
A.M.S.

(Ben.)

A.M.M.S.

(Ben.)

B.A.M.S.

(Poona)

GF.A.M.

(Bom.)

(2) Ayurvedacharya

with
Medicine and Surgery.
with
Modem Medicine and

(3) Ayurvedacharya

Surgecy.

Bachelor of Ayurvedic
Medicine and Surgery.

Graduate of Faculty of
Ayurvedic Medicine.

~

2 University of Poona

..

3

Faculty of Ayurvedic and Unani
System of Medicine constituted
under the Bombay Medical Prac-
titioners Act, 1938 '[and, on and
" after the 23rd October, 1961, the
. Maharashtra' Faculty of Ayurvedic
and Unani Systems of Medicine
constituted under

the Maharashtra

MediCal Practitioners Act, 1961.].

4 Collage of Indigenous Medicine,

Mapras.

\

Graduate of the College of
Indigenous Medicine.

GC.I.M. (Madras)

5

Tilak Maharashtra Vidyapeeth,
Poona.

Ayurvidya-Parangat

AV.P (Pooria).

" 2[6 Faculty of Ayurvedic and Unani

System of Medicine, Gujarat.

Graduate of the Faculty of
Ayurvedic Medicine.

GF.A.M.

(Guj.)]

3[7 University of Kerala

Bachelor in Ayuvredic Medicine. B.A.M.

(Kerala).

, This portion was added byGN., U.D. & P.H.D., No. MMP. 1061-Unification, dated 29th January 1962.
2 This entry was included by G.N., U.D. & P.H.D. No. BMP. 1261/46587-H, dated 27th March 1962.
3 Entries 7 to 9 were induded by.GN., U.D. & PH.D., No. MMP. 1364/19569-H, dated 28th March 1964.

"

..

36

Maharashtra Medical Practitioners Act, 1961

[1961 : Mah; XXVIII

PART A-Contd.

Serial;
- No.

Authority

Qualification

/-

2

3

Abbreviation for'

registration,and
'cOnditions for
registration, if any
4

8 Ul'liversityof Gujarat

Bachelor of Ayurvedic

BAM.S.

(Guj.)

Medicil'1e and Surgery.

9 University of Nagpur

Bachelor of Ayurvedic '
Medicine and Surgery.

BAM.S.

(Nag.)]

10 Ravishankar UniverSity,Raipur

Bachelor of Ayurvedic

B.A.M.S.

(Ravi).

-

Medicine and Surgery.

..
(Ayurvedacharya).

~

11 -Maharashtra

Faculty of Ayurvf3dic Bachelor of Ayurvedic

\and Unani Systems of Medicine,'
Bombay.

- .

Medicine and Surgery.

12 Marathwada University.

Aurangabad.'~

Badlelor,of Ayuryedic
Medicine and Surgery.

13 Shivaji University. Kolhapur "

Bachelor

'of Ayurvedic

Medicine and Surgery.

(This qualification shall

be recognised only when

granted to students

admitted by the University

on or after

the 1st day

. of June 1968).

B.A.M.S.

(Mah. Faculty).

B.A.M. & S.

B.A.M. & S.

14 University of Indore
(Madhya Pradesh).

Ayurved Sankaya (Bachelor BAM.S.

. of Ayurved with Modem
Medicine and Surgery.)

15 University of Jabalpur

(Madhya Pradesh).

Bachelor of Ayurvedic

Medicine and Surgery.

BAM.S.

16 Univ'ersityof Kanpur
(Uttar Pradesh).

17' University of Sagar
(Madhya Pradesh).

'Ayurvedacharya'

B.A.M.S.

(Kanpur)

Bachelor of Ayurved with

Modem Medicine and Surgery.

!

'Ayurvedacharya'

. Bachelor of Ayurved with

BAM,Sr
(This qua.lification shall

(Sagar).

.

Modem Medicine and Surgery. be recognised only when

granted in or after 1972).

18 Vikram University, Ujjain
(Madhya Pradesh).

Bachelor of Ayurved with
Modern Medicine and Surgery.

BAM.S.
(This qualification shall

.

be recoginsed only

when granted to

students admitted by

-{be University before'

1971 ).

1961 : Mah. XXVIII]

Maharashtra Medical PractitionersAct, 1961

37

1[PART A-1
\ Qualificationsin IndianSystem of Medicine-Ayurved recommendedby the
Central Council of Indian Medicine

Serial
'. No.

Authority

Qualification

2

3

Abbreviation for
registration and
for
conditions
if any
registration,

4

. .

-1 Universityof Nagpur

2 Universityof 'Pune

3 Universityof Bombay'

4 Universityof Nagpur

5 Universityof Pone

...

6 Marathwada University,

Aurangabad.

"Ayurvedacharya"
(Bachelor of Ayurvedic
Medicine "and Surgery).

"Ayurvedacharya"
(Bachelor of Ayurvedic
Medicine and Surgery).

"Ayurvedacharya"
(Bachelor of Ayurvedic
Medicine and Surgery).

"Ayurvedacharya"
(Bachelor of Ayurvedic
Medicine and Surgery).

"Ayurvedacharya"
(Bachelor of Ayurvedic
Medicine and Surgery).

. Ayurvedacharya"
(Bachelor 'of Ayurvedic
Medicine and Surgery).

7

Shivaji University,
Kolhapur.

"Ayurvedacharya"
(Bachelor of Ayurvedic
Medicine and Surgery).

2[8 Guji'at Ayurved University,

Jamnagar

(Gujrat).

"Ayurvedacharys"

(Bachelor of Ayurvedic -

Medicine and Surgery).

(The 5Yz

(Nag.)

B.A.M.S.
years degree
awarded
to students admitted in
1971 and 1972 only).

(The 6Yz

(Pune)

BAM.S.
years degree
awarded
to students admitted in
1971 and 1972 only).

(Born.) (The 7Yz
BAM.S.
years degree awarded
to students admitted in
1973 and thereafter).

B.A.M.S.
(The 7Yz
(Nag.)
years degree awarded
to students admitted in
1973 and thereafter).

BAM.S.
(The 7Yz
(Pune)
years degree awarded
to students admitted in
1973 and thereafter).

B.A.M.S. (Marathwada)
(The 7Yzyears degree
awarded 10 students
admi~
in 1973 and
thereafter).

(Shivaji) (The 7Yz

BAM.S.
years degree awarded
to students admitted in

1973 and thereafter).]

B,A.M.S. (Jamnagar)
(from: 1982 onwards).

9 Kurukshetra University,
Kurukshetra (Haryana).

"Ayurvedacharya"
(Bachelor of Ayurvedic
Medicine and Surgery).

B.A.M.S. (Kurukshetra)
(From 1982 onwards).

1 PartA-1"wasadded byGN., U.D.&P.H.D.,No. MMP.2576/4787-PH-7, dated the 7th November 1977.
dated the 12th April 1984.
2 These entries were added by GN., M.E. & D.O., No. Act. 1784/113/MED-8,

.-

_..

38,

Maharashtra Medical Practitioners Act, 1961

[1961 : Mah, XXVIII

PA~T A-1-Cpntd.

Serial
No.

Authority

Qualification

2

3

10 Maharishi Dayanand University,

Rohtak (Haryana).

11 University of Mysore,
M~ore (Kamataka).

12 ,Sambalpur University, Burla

Sam,balpur (Ori~sa).

"

13 Gurunanak Dav University,

,

Amritsar(Punjab).

14 Punjab University,

Patiala (Punjab).

15 Rajasthan University,

Jaipur (Rajasthan).

16 Lucknow University,

Lucknow (Uttar Pradesh).

17 jJniversity of Bihar, Muzaffarpur,

.(Bihar1.

18 Kameshwar Singh Darbhanga

Sanskri University,
Darbhanga (Bihar).

'[19 Universi4' of Amravati,
(Maharashtra).

"Ayurvedacharya"
of Ayurvedic
(Bachelor
Medicine and Surgery).

"Ayurvedacharya"
(Bachelor

of Ayurvedic

Medicine and SUrgery)..
"Ayurvedacharya"
(Bachelor
'of Ayurvedic
Medicine and Surgery).

'

"Ayur.:edacharya"
(Bachelor
'of Ayurvedic
Medicine and Surgery).

"Ayurvedacharya"
(Bachelor
of Ayurvedic
Medicine and Surgery).

,

"Ayurvedacharya"
of Ayurvedic
, (Bachelor
Medicine and Surgery).

"Ayurvedacharya"
- (Bachelor of Ayurvedic
Medicine al')d Surgery).

"Ayurvedacharya"
(Bachelor
of Ayurvedic
Medicine and Surgery).

"Ayurvedacharya"
of Ayurvedic
"(Bachelor
Medicine and Surgery).

"Ayurvedacharya"
(Bachelor
of Ayurvedic
Medicine and Surgery).

PART B

Abbreviation

for

registration and
for
conditions"

registration,
4

if any

BAM.S.
(From 1982 onwards).

(Rohtak)

B.A.M.S.
(From 1982 onwards).

(Mysore)

B.A. M.S.
(From 1980 onwards).

(Sambalpur)

BAM.S.
(From 1982 onwards).

(Amritsar)

-

(Patiala)

B.A.M.S.
(From 1976 onwards).
. '

B.A.M.S.
(From 1980 onwards).

(Jaipur)

B.A.M.S.

(Lucknow)

(From 1982 onwards).

BAM.s.
(From 1981 onwards).

(Muzatfarpur)

-,

BAM.S.
(Darbhanga)
(Froin t981 onwards).]

BAM.S.
(From 1988 onwards).]

Qualifications'in'

the Ayurvedic System of Medicine with course supplemented
by modem advances with the Matriculation or S.S.C. Examination or its equiva-
lent Examination as qualification for admission.

;

Serial
No.

I.

Authority

QualifiCation

2

3

Abbreviation for
registration and
conditions for
registration, if any
4

1

FaQJlty of Ayurvedic and Unani

Ayurved Visharad

D.A.S.F. (Bom.)

Systems of Medicine,constituted

tlJe Bombay Medical

under
Practitioners

Act, 1938.

"

1 This entry was a~ed by G.N., M.E. & D.D., No. ~IM. 1089/493/MED-8.

dated the 26th May 1989.

I

~

'I

I"
,

l.

...

"

,1961 : Mah. XXVIII]

Maharashtra Medical PractitionersAct, 1961

39

PART B-Contd.

Serial
No.

Authority

Qualification

2

3

Abbreviation for
registration and
conditions for
registration, if any
4

2 Vidarbha Board of Ayurvedic and 2[Bachelor of Ayurved with

B.AM. S. (Vid.)

Unani Systems of Medicine con-
stituted under the Central Provinces Ayurvidnyanacharya.]

Modem Medicine and Surgery

and Berar Ayurvedic and Unani

Practitioners' Act, 1947 (C. P. &

Berar Act

IV of 1948)'[and,

on and

after the 23rd Gctober, 1961,

the

Faculty of Ayurvedic

Maharashtra
and Unani systems of Medicine
constituted under

the Maharashtra

Medical Practioners Act, 1961].

3.

Board of Indian Medicine Hydera-
bad (Deccan), constituted under
the rules made under the Medical

Act (Hyd.

I of 1312 Fasli).

4.

Tilak Maharashtra Vidyapeeth,
Poona.

Ayurved Visharad

of the

A.v.V.

(Hyd.)

Government

Ayurvedic

College, Hyderabad.

Ayurvedic Visharad . .

5. Ayurved Mahavidyalaya,

Ayurvedteerth . .

Ahmednagar.

6.

Aryangla Vaidyak Mahavidyalaya,
Satara.

Ayurved Visharad . .

7. U. P.Aylirved Mahavidyalaya,

Girihit Ayurved-Shastra

..

Patan (Baroda State).

8. Gurukul University, Kangri

..

Ayurvedalankar

. .

\-';

/'

I

I

~,

-

9. Board of Examiners in Indian

-Licentiate of Indian Medicine.

Medicine, Madras.

. . AV.V.

(Pune).

(This qualification

shall be recognised only

when granted before

1944 ).
A T.

(Nagar),

(This

qualification
recognised

shall be
only when

granted before 1942).

A. Vo V. (Satara).(This

qualification
recognised

shall be
only when

granted before 1942).
(This
L. A M. (Patan).

shall be
qualification
recognised
only when
granted before 1942).

A.L.

(Kang),

(This

qualification
recognised

shall be
only when-

(a) granted
but before 1952 :

after 1926

(b) granted after 1952 to

students admitted by the
Univesity before June

1952).,
.L, I. M. (Madras).

"

..
1 This portion was added by G.N., U. D. & P.H. D., No. MMP. 1061-Unification, dated the

29th January,

1962.

2 Thesewords were substitutedby G.N., U.D., P.H.& H.D., No. MMP.1168-H,dated the

16th December,

1968.

'"

.".

40

MaharashtraMedical PractitionersAct, 1961 - (1961 : Mah. XXVIII

PART B-Contd.

Serial
No.

Authority

Qualification

<"-

.

2

1 .

'(
10 The CW-hocCommittee appoin-
ted by Bombay Government
Resolution in'Local Self-Govern-
ment, and Public Health Depart-
ment No. AUC, 4859173751[,
31474-H, dated the 31st DeCem-
ber 1959 1[and, on an~ after the
23rdOctober;1961,the Ma~a-
rashtra Faculty of Ayurevedie
and,Unani Systems of Medicine
constituted under the Mahara-
shtra Medical Practitioners
Act, 1961.]

,

3

2[Ayurved-Visharad
(Graduate of College
of Ayurvedic Medicine),
Nanded].

"

Abbreviation for

registration \ind
conditions for

registration,
4

if any
.

2[A.V.V. (G.'C. A.M.)
.
Nanded.]

.....

"[11 Board of Indian Medicine, U.P. ..

'(1) Bachelor of Indian

B.I.M.S.

(V.P.)

Medicineand Surgery.

(2) Diplomaof IndianMedi-

DJ.M.S.

(U.P.)

12 Government Ayurvedie

College, Patna.

13' Ayruvedie and Tibbi College,

Delhi.

. 14 Government AyurvedieSchool
and College, Mysore.
Faculty of Ayurvedie Medicine,
Bengal.

15

4[16 University of Kerala

11 Board of Indian Medicine, Uttar-

Pradesh.

.

cine and Surgery.
Ayurvedacharya and
Graduate of Ayurvedic
Medicineand Surgery.
(1) Ayurvedaeharya
Dhanwantari.
(2) Bhishagacharya

. Dhanwantari. -
Licentiate of Ayurved
Medicine and SurgerY. o'
(1f Member of tHe Ayurve-

die State Faculty.
(2) Fellow of the Ayurve-
die State Faculty.
Diploma in Ayurvedic
Medicine.
Ayurvedacharya, Bachelor
of Medicineand Surgery.

....

.

5[18 J. B. Ashtang Ayurvedic College, Diploma of LA.M.S.

Culcutta."

(Bhishagratna).

G.A.M.S.

(patna).

LA.M.S.

(Mysore).

MAS.F.

(Bengal).

;

-

FAS.F. (Bengal)].

DAM.

(Kerala).

A.M.B.S., U. P.
(This qualificationshall
be recognised only
when granted after
1956.)]
LAM.S.

. (Bhishagratna, Bengal.
This qualificationshall
~ recognised only.
when granted in or
before 1942.)]

1 This portion was added by G.N., U. D. & P.t"!.D., No. MMP.1061-Unification,dated the

29th January,

196.2.

.

i

.

by G.N., U.D.and P.H.D., No. ADR:4668175920-H,

~Substituted
3 Entries 11 to 15 were.included by.G.N., U. D. &-P.H.D., No: MMP.1061/63024-H, dated
.
4 Entries 16 and 17'were included by G.N., U. Q.& P.H. Dc, No. MMP. 1364/195569-H, dated

17thJune, 1963.

-20th May, 1969,

dated

28th MardJ, 1964.

'

.

'

5 Thisentry is included by !3.N.,U. D. P.H.& H.D., No. MMP.1365/29551-H,dated 5th September,.

1966.

!:'

1961 : Mah, XXVIII]

Maharashtra Medical PractitionersAct, 1961

41

Serial
No,

(1 )

PART B-Contd.

Authority

Qualifications

(2)

(3)

Abbreviation

for

registration
conditions

and
for

registration,
(4)

if any

'[19 Government Ayuvedic School,

Diploma of Licentiate Ayur-

LAP.

Raipur.

vedic Practioner(Bhishagwar).

(Bhishagwar),

Madhya

Pradesh.

(This qualifi-

cation shall be recogni-

sed only when granted

in or before 1958.)]

2[20 Maharashtra Faculty of Ayuvedic

Member of the Faculty of

...

and Unani Systems of Medicine,

Ayuvedic Medicine.

3[M.EA. M.
(Maharashtra).]J

, Bombay.

4[21 Board of Sudies in Indian Medi-

cines, MY,sore, Bengalore.

Graduate Course of

Integrated Medicines.

GC.I.M. (Mysore)
(This qualification shall
only
be recognised

when granted

upto 1967,)]

2~ University of Sagar.

.

Bachelor of Ayurvedic
Medicine and Surgery.

. 23 Ravishankar University Raipur.

..

Bachelor of Ayurvedic
Medicine and Surgery.

24 p~anand Ayurvedic College

Vaidya Vachaspati

. .

,

ft'

,

c

t

..:'

'J

c

(Sagar).

BAM.S.
(This qualification shall
be recognised
when granted to
students admitted by the
University before the
,1st day of June 1964.)

only

(RavL).

BAM.S.
(This qualification shall
be recognised
- when
students admitted by the

granted

only

to

University after

the 31st

day of May, 1964 but

before the 1st day of

June, 1968.)

(This qualifica-

V. V.
tion shall be recognised
only when granted
before '1947.)

,This entry is added by G.N., U, D. P.H. & HD., No. MMP. 1165n7886n7886-H, dated

1st December, 1966.

.

2 Added by GN., U. D. P.H. & HD., No, AVD. 1267/47254-H, dated 14th December,
3 Substitutedby G.N.,UD., P.H.& HD., No. AVD. 1268n9281-H, dated 24th December, 1968.
4 Addedby GN.,U.D. P.H.& H.D.,No.MMP.1267/52101-H,dated 9th May, 1968.

1967.

'-,

42

I

MaharashtraMedical8ractitionef!~Act, 1961 \, [1961 : Mah. XXVIII

. PART C,

'

Qualificationin the AyurvedicSystem of Medicine withthe matriculation or S.S.C.
. exami~tion or an equivalent examination withSanskrit, as qualificationforadmission.

Serial
NO.

(1)

Authority

Qualifications

(2)

(3)

jl.bbreviation for
registration and
conditions for
registration, if any
, (4) .

D.SAC.

(Bom.)

styled as

Ayurvedic-Pravin,
such under Bombay Government
Resolution in L. S. G and
P.I;I.D.No. BMP.1054-H,
. dated the 12th July, 1956,
. grantedin 1957and there-
after.

1 The Committeefor Shuddha Ayur-

;;

,

'vedIc Course appointed under
. Bombay Govemment Resolution,

in Local Self-Govemment

and

Pub!ic Health ,Department No.
ADR-1253, dated the 17th Sep-
tember, 1953 '[and, on and after'
the~3rd Octooer, 1961, the Maha- .
and
rashtra Faculty ofAyurvedic
Unani Systems of Meaicine con-
stituted .under the Maharashtra
Medical Practitioners Aq, 1961.]
I

\

.

,

2[2 Board of Studies in IndianMedi-

cine, Mysore-

~yurvedic Pravin . .

DAS.C.

(Mysore)

3' Committeeof Shuddha Ayur--
vedic Course, Gujarat State,
Ahmedabad.

Ayurved Pravin..

'"

4 Board-ofStudies in IndianMedi-
cine, Bangalore (Kamataka).

,

Diploma in Ayurvedic
Medid'ne.

5 Government of Kerala.

Diploma in Ayurvedfc
Medicine

6 Universityof Bombay

(Mahar~shtra).

7 Universityof Pune
,
(Maharashtra).

8

Shivaji University, Kolhapur
(Maharashtra).

'Ayurvedacharya' Bache-
lor of Shuddha Ayurvedic
Medicine.
-
'Ayurvedacharya' Bache-
lor of Shuddha Ayurvedic
Medicine.
Bache-
'Ayurvedacharya'
lor of Shuddha Ayurvedic
Medicine.

/

D.S. AC. (Gujarat)
(This qualification shall
only
be recognised

. when granted upto

April 1968.)]
DAM.
(This qualification shall .
be recognised

only
- when granted to stu"

dents admitted prior to
July, 1968.)
-
DAM.
(Kerala)
(This qualificationshall
only
be recognised
when granted to stu-
dents admitted in or
before July, 1968.)
B.SAM.

B.S.A.M.

B.S.A.M.

(Maharashtra).

9 Marathwada University, Kolhapur

'Ayurvedacharya'
Bache-
lor of Shuddha Ayurvedic
Medicine.
L
, This portion was added by GN., U. D. and P.H.D., No. MMP. 1061-Unification, dated
January, 1962.

,

B.S.A.M.

-

2 Added by G.N.,~. D. P.H.&H.D.,No. MMP.1368/44807(a)-H,dated 11thNovember, 1968.

29th

1961 : Mah. XXVIII]

Maharashtra Medical PractitionersAct, 1961

43

PART D

Qualificationinthe Unani Systemof Medicine

Serial
No.

Authority granting the
qualification

Qualifications

(1 )

(2)

, .~,"

(3)

1. Board of Examiners in Unani

Mahire- Tib-o-Jarahat

2.

3.

Faculty of Ayurvedic and
Unani Systems of Medicine con-
stituted under
the Bombay
Medical Practitioner's Act,

1938 (Bom. XXVI of 1938).
Ayurvedic and Unani Tibbi
College, Delhi.

'[4. Govemment AyurVedlc
College, Mysore.
Board of Indian Medicine, U.P. . .

5

6 Govemment Unani Tibbi
College, Hyderabed.
2[7. Boardof IndianMedicine,'

Uttar Pradesh,

Mahire- Tib-o-Jarahat

(I) Fazil-e-Tib-o-Jarahat
(if) Kamil-e- Tib-o-Jarahat
licentiate

of Unani

Medicine and Surgery.
Indian
(1) Bachelor of

Medicine and Surgery.
(2) Diploma in Indian Medi-

cine and Surgery.

Tabeeb-e-Mustanad

Fazil-UI-Tib, Bachelor of

Medicine and Surgery.

0,

,

I '

8 Muslim University,Aligarh

Bachelor of Unani Medicine

/

9 Maharashtra Faculty of
Ayurvedic and Unani
Systems of Medicine,
Bombay.
3[10 University of Pune

(Maharashtra).

and Surgery.
Diploma in Unani Medicine
and Surgery.

Kamil-a- Tib-o-Jarahat

(Bachelor of Unani
Medicine and Surgery.)

Abbreviation

for

registration and
for
conditions

registration,
(4)

if any

,

. . M.T.J. (Bom.).

(This qualification shall
be recognised
qualification only
when granted in 1942
or,1943).
. .D.U.S.F.

(Bom.)

. . F.T.J. (Del.)
. . K.T.J. (Del.)
I.L.M.S.

(Mysore).

B.I.M.S. (UP.)

D.I.M.S.(UP.)

D.I.M.S. (UP.)]

EM. B.S. (UP.).
(This quali~cation shall
be recognised
qualification
granted after 1956).
B.ll.M.S.

only when

(Aligarh).]
D.U.M.S.

D.U.S.F. (Bom.)
(Maharashtra).

B.U.M.S.
1987 onwards).]

(from

.~,

4[PARTE
All qualifications specified in the Second, Third and Fourth Schedule to the
Indian Medicine Central Council Act, 191O, otherthan those specified in Part A to

.
48 of
1970.. 0 above.]

1 Entries 4

to 6 were included
1963.
2 Entries7 and 8 wereincluded

17th June,

by GN., U. D. and P.H.D., No. MMP. 1061/6304-H, dated

by G.N., U. D. and PH.D., No. MMP.1364/19569-H, dated

28th March, 1964'-

3 Entry 10 was included
8th November, 1988.

by GN., M.E. & D.D., No. CIM. 10881088/265/88/MED-8, dated

,

4 Part E was added by Mah. 30 of 1979, s. 21.

Govemment Press, Nagpur.

